Document ID: chunk:federal_register_of_legislation:F2008L02863:body:0:p6
Version: federal_register_of_legislation:F2008L02863
Segment Type: other
Provision Reference: 
Character Range: 13597–16577

(a) the lump sum applicable to that spouse in accordance with Rule 9.3.4; plus

         (b) the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member.

    7.1.2B  Where a deceased member is survived by more than one spouse and the reversionary pension has been apportioned between the spouses under Rule 9.4.1 and each spouse of the deceased member chooses, under Rule 7.1.2, to convert the whole of the pension payable to him/her to a lump sum, and no further benefits are payable in respect of the deceased member, the amount of that lump sum is:

    (a) the lump sum applicable to that spouse in accordance with Rule 9.3.4; plus

         (b) a proportion of the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member as determined by the Board having regard to its apportioning of the reversionary pension under Rule 9.4.1

            "

    4.21 Rule 7.1.5 is replaced with the following Rule:

    "7.1.5 If a deceased member is not survived by a spouse or children eligible for benefits, including partially dependent children, the Board may pay the death benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member to:

              (a) any child or children of the deceased member, who would otherwise be ineligible for benefits, in such proportions as are determined by the Board; or

     (b) the legal personal representative of the deceased member.

    If, after making reasonable enquiries, the Board is unable to find the legal personal representative of a deceased member the Board may pay the death benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member to an individual or apportion it between two or more individuals."

4.22 Rule 7.2.1 is replaced with the following Rule:

    "7.2.1  A spouse of a deceased limited benefits member, with or without eligible children, is entitled to a lump sum of the final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of that former member. The Board will apportion the lump sum between that spouse and:

         (a)                any other spouse with or without eligible children; and

         (b)               any eligible child who does not ordinarily live with a spouse; and

         (c)                any eligible children who do not ordinarily live with a spouse, but who ordinarily live together; and

         (d)               any partially dependent child; or

         (e)                any combination of such beneficiaries."

4.23 Rule 7.2.3 is replaced with the following Rule:

    "7.2.3  Where a deceased limited benefits member is not survived by a spouse but is survived by an eligible child or children and/or a partially dependent child or children,