Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p17
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 39821–42777

(if any) taken into account in a previous application of this sub-section or sub-section (2) in relation to him)—the amount of that excess.".

Entitlement to spouse's benefit under Division
36. Section 81 of the Principal Act is amended—
     (a) by inserting in paragraph (c) of sub-section (2) "or conditions" after "condition" (second occurring);
     (b) by inserting in sub-section (3) "or (3a)" after "66(3)"; and

     (c) by inserting after sub-section (3) the following sub-section:
     "(3a) Sub-section (3) shall not be taken to prevent a spouse who would, but for that sub-section, be entitled to make an election under sub-section 84(1) or 87(1) from making such an election and becoming entitled to spouse's benefit in accordance with section 84 or 87, as the case may be.".

Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds and direction not given under section 99
37. Section 98 of the Principal Act is amended by inserting in sub-section (5) "or (3a)" after "66(3)".

Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds, period of prospective service less than 8 years and direction given under this section
38. Section 99 of the Principal Act is amended by inserting in paragraph (c) of sub-section (1) "or conditions" after "condition" (second occurring).

Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years
39. Section 100 of the Principal Act is amended—
     (a) by inserting in paragraph (c) of sub-section (1) "or conditions" after "condition" (second occurring); and

     (b) by inserting in sub-section (5) "or (3a)" after "66(3)".

Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service less than 8 years
40. Section 101 of the Principal Act is amended—
     (a) by inserting in paragraph (d) of sub-section (1) "or conditions" after "condition" (second occurring); and

     (b) by omitting from paragraph (f) of sub-section (1) "children" (first occurring) and substituting "child".

Orphan benefit—death of spouse of deceased eligible employee who died before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years
41. Section 104 of the Principal Act is amended by omitting from sub-section (1) "sub-section (3)" and substituting "sub-section (2)".

42. Section 110 of the Principal Act is repealed and the following section is substituted:

Eligible employee or retirement pensioner survived by more than one spouse
"110. (1) Where a person (in this section referred to as the 'deceased person') who is an eligible employee or a retirement pensioner dies and is survived