Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4 (pt 2/3)
Character Range: 358004–360704

or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension under that section; or
 (c) if the deceased person was, immediately before his or her death, a retirement pensioner and had had a marital or couple relationship that had begun:
 (i) before he or she had become a retirement pensioner; or
 (ii) before he or she had turned 60; or
 (iii) not less than 3 years before the pensioner's death;
  —the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.
 (5A) If the deceased person:
 (a) was, immediately before his or her death, a retirement pensioner; and
 (b) had had a late short‑term marital or couple relationship with his or her spouse;
benefit attributed under subsection (4) to the eligible child or eligible children of the deceased person not in the custody, care and control of the spouse must not exceed in the aggregate such proportion of the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death as is determined by CSC.
 (5B) In making a determination under subsection (4) or (5A), CSC 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 or couple relationship of the kind referred to in paragraph (5A)(b); and
 (b) whether one or more than one eligible child of the pensioner is or is not a child of the pensioner because of the late short‑term marital or couple relationship referred to in paragraph (5A)(b).
 (6) The applicable percentage mentioned in paragraphs (5)(a) and (b) is:
 (a) if there is one eligible child not in the custody, care and control of the spouse—45%; or
 (b) if there are 2 such eligible children—80%; or
 (c) if there are 3 such eligible children—90%; or
 (d) if there are 4 or more such eligible children—100%.
 (6A) The applicable percentage mentioned in paragraph (5)(c) is the percentage worked out in accordance with the following table:

Applicable percentage
Item                   Number of eligible children not in custody etc. of spouse                                    Category 1          Category 2
                                                                                                                    deceased pensioner  deceased pensioner