Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_98
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 98
Character Range: 49166–50412

98  After paragraph 136(2B)(m)
Insert:
 (ma) if:
 (i) a deferred benefit by way of spouse's standard pension, spouse's additional pension or spouse's pension is payable in respect of the person in accordance with section 94, 95 or 96 (as the case may be); and
 (ii) the person had had a late short‑term marital relationship with his or her spouse;
  the annual rate of that pension is:
 (iii) if subparagraph (iv) does not apply—the rate worked out by using the formula:
 (iv) if there is one or more than one eligible child who did not become a child of the person because of that late short‑term marital relationship—such rate, being a rate higher than the rate worked out under subparagraph (iii) but less than the basic rate of pension, as the Board determines to be fair and equitable in all the circumstances of the case;
  where:
  basic rate of pension means the annual rate at which, apart from this paragraph, the deferred benefit would be payable in respect of the person under paragraph (j), (k) or (m) (whichever would be applicable).
  relevant period means the period:
 (a) beginning on the day on which the marital relationship between the person and his or her spouse began; and
 (b) ending on the day on which the person died.