Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4 (pt 1/2)
Character Range: 373806–376452

4                      If there are 4 or more eligible children not in the custody, care and control of the spouse  100%                108%

 (9) Benefit attributed under subsection (6) to a partially dependent child or partially dependent children of the deceased person must not exceed in the aggregate the lesser of:
 (a) the annual rate of the regular maintenance payments being made, or required to be made by order of a court, in relation to the child or children by the deceased person immediately before his or her death; or
 (b) the maximum benefit that, under subsection (7) or (7A), could be attributed to the child or children if the child or children were an eligible child or eligible children, as the case may be, of the deceased person not in the custody, care and control of any of the surviving spouses.
 (10) Where the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age:
 (a) CSC, having regard to:
 (i) the respective needs of the surviving spouses; and
 (ii) the respective needs of any eligible child or eligible children; and
 (iii) such other matters as CSC considers relevant;
  must, for the purposes of ascertaining the benefit payable in accordance with section 91, allocate the accumulated contributions of the deceased person among such spouses; and
 (b) section 91 applies in relation to a spouse of the deceased person as if:
 (i) the deceased person had had only one spouse who survived him or her and that person were that spouse; and
 (ii) the accumulated contributions of the deceased person were the part of those contributions allocated to that spouse under paragraph (a); and
 (iii) each reference in that section to 13.4 per centum were a reference to such percentage as bears to 13.4 per centum the same proportion as the part of the accumulated contributions of the deceased person allocated to that spouse under paragraph (a) bears to the accumulated contributions of the deceased person.
 (11) Where, under subsection (10), CSC allocates a benefit payable in respect of a deceased person and there is an eligible child or eligible children of the deceased person not in the custody, care and control of any of the surviving spouses, CSC must determine the part of the benefit that is attributable to each such child.
 (12) Each of the surviving spouses of a deceased person may make such elections under this Act in relation to the part of a benefit allocated to the spouse that is not attributable to a child or children (being a child or children not in the custody, care and control of the spouse) as could be made by the