Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p15
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 36088–39097

Omit "late spouse of the widow or widower", substitute "deceased person".

Subsection 19AA(3A):

  Omit the subsection, substitute:

  "(3A) Subsection (3) does not apply to a child who:

   (a) was born after the date of the death of the deceased person; or

SCHEDULE—continued

    (b) was adopted by the spouse after that date (whether alone or together with another person);

unless the child would, in the Trust's opinion, have been a dependant of the deceased person if the deceased person had not died.".

Paragraph 19AA(4)(a):

  Omit "widow or widower" (twice occurring), substitute "spouse".

Paragraph 19AA(4)(c):

  Omit "widow or widower" (twice occurring), substitute "spouse".

Subsection 19AA(4A):

  Omit the subsection.

Subsection 19AA(5):

  Insert:

" 'deceased person' means a deceased person mentioned in paragraph (2)(a) or (b);".

Paragraph 19AB(l)(b):

  Omit "widow or widower", substitute "spouse".

Paragraph 19AB(2)(b):

  Omit "widow or widower" (twice occurring), substitute "spouse".

Subsection 19A(2):

     (a)       Omit "widow or widower" (twice occurring), substitute "spouse".

  (b)      Omit "but ceasing upon her or his re-marriage".

     (c)       Omit "her late husband or his late wife as", substitute "the former".

Subsection 19A(6):

  Omit "widow", substitute "spouse".

Subsection 20(4):

  Omit "widow or widower", substitute "spouse".

After section 21:

  Insert:

Rate of benefits if there is more than one spouse

   "21AA.(1) If a person ('deceased person') who was:

   (a) entitled to a parliamentary allowance; or

SCHEDULE—continued

    (b) entitled to a retiring allowance, whether or not the retiring allowance was immediately payable;

dies leaving more than one spouse, the Trust must allocate any annuities or benefits payable to a spouse or any eligible children in respect of the deceased person under this Act among them.

  "(2) The Trust must have regard to:

  (a)     the respective needs of the spouses; and

    (b)     if there are any eligible children of the deceased person who are entitled to benefits under section 19AA—the respective needs of the children;

when making the allocation.

"(3) Subject to subsections (4) and (5), annuities or benefits are only payable to each spouse and eligible child (if any) in accordance with the allocation.

"(4) The aggregate of the rates of the annuities and benefits payable under an allocation must not exceed five-sixths of the rate of the retiring allowances applicable to the deceased person.

"(5) In subsection (4), the rate of the retiring allowance applicable to the deceased person means the rate of the retiring allowance that would have been applicable to the deceased person if he or she had not died and:

    (a)     if the deceased person died while entitled to a retiring allowance the rate of which was, at the time of the death, reduced under section 21 or 21B—the rate of retiring allowance to which the deceased person was entitled was not so reduced; and

    (b)