Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p95
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 95/106)
Character Range: 369103–371851

preserved benefit between any:
         (a) spouse, with or without eligible children; and
         (b) other spouse, with or without eligible children; and
         (c) eligible child who does not ordinarily live with a spouse; and
         (d) eligible children who do not ordinarily live with a spouse, but who ordinarily live together; and
         (e) partially dependent child.
7.4.3 A spouse of a deceased preserved benefit member entitled to part of a preserved benefit apportioned by CSC under Rule 7.4.2 may choose to be paid:
         (a) a lump sum calculated under Rule 7.4.3A; or
         (b) the part of the preserved benefit apportioned to them wholly as a pension; or
         (c) the part of the preserved benefit apportioned to them as part pension, by choosing to convert one‑half or more of the portion to pension, with the balance paid as a lump sum.
A pension cannot be chosen unless, before the apportioning by CSC under Rule 7.4.2, the preserved benefit included all of the former member's accumulated member contributions (other than any refunded Excess Contribution Multiple, see Rule 6.9.4).
7.4.3A For the purposes of Rule 7.4.3 and Rule 7.4.5 where:
         (a) each spouse has chosen under Rule 7.4.3 to be paid a lump sum, the lump sum is an amount equal to the part of the preserved benefit apportioned by CSC under Rule 7.4.2 plus a proportion of the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased preserved benefit member as determined by CSC having regard to its apportioning of the preserved benefit under Rule 7.4.2.; or
         (b) each spouse has not chosen under Rule 7.4.3 to be paid a lump sum, the lump sum is an amount equal to the part of the preserved benefit apportioned by CSC under Rule 7.4.2.
7.4.4 In spite of Rules 7.4.1 and 7.4.3, where the preserved benefit of a deceased preserved benefit member does not include the full amount of his/her accumulated member contributions (other than any refunded Excess Contribution Multiple, see Rule 6.9.4) the spouse may choose to take the preserved benefit (as apportioned, if required):
         (a) entirely as a pension: or
         (b) as part pension, by choosing to convert  a minimum of the unfunded preserved benefit included in that preserved benefit, or in the apportioned preserved benefit, to pension, with the balance paid as a lump sum.

Children's benefit — not living with spouse or where there is no spouse
7.4.5 Where any part of a preserved benefit is apportioned by CSC under Rule 7.4.2 to any child, or children, entitled to benefits, there is payable a lump sum calculated under Rule 7.4.3A to, or for the benefit of, that child, or collectively to, or for the benefit of, those