Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_85
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 85
Character Range: 42132–43159

85  Before subsection 109AB(4)
Insert:

 (3B) If the deceased person:
 (a) was, immediately before his or her death, a retirement pensioner; and
 (b) had had a late short‑term marital relationship with his or her spouse;
the amount of the spouse's pension payable to the spouse must not exceed such percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death as is determined by the Board.

 (3C) In making a determination under subsection (3B), the Board must take into consideration:
 (a) the extent to which spouse's pension payable to the spouse of a deceased pensioner under Division 3 is reduced when the spouse and the deceased pensioner have been in a marital relationship of the kind referred to in paragraph (3B)(b); and
 (b) whether one or more than one eligible child, or one or more than one partially dependent child, of the pensioner is or is not a child of the pensioner because of the late short‑term marital relationship referred to in paragraph (3B)(b).