Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p12
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 30449–33237

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—the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.

  "(3) The applicable percentage mentioned in subsection (2) is:

    (a)     if there are no eligible children of the deceased person in the custody, care and control of the spouse—67%; or

  (b)     if there is one such eligible child—78%; or

  (c)     if there are 2 such eligible children—89%; or

  (d)     if there are 3 or more such eligible children—100%.

  "(4) The Commissioner must, having regard to:

  (a)     the needs of the spouse; and

    (b)    the respective needs of any eligible child or eligible children, or any partially dependent child or partially dependent children, of the deceased person; and

  (c)     such other matters as the Commissioner considers relevant;

subject to the limitations set out in subsections (5) and (7), determine the part of a benefit to which the spouse is entitled under Division 1, 2, 3 or 3a that is attributable to each such child.

"(5) Benefit attributed under subsection (4) to an 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:

    (a)     if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or

    (b)     if the deceased person was, immediately before his or her death, an eligible employee who had attained his 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—the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.

  "(6) The applicable percentage mentioned in subsection (5) is:

    (a)     if there is one eligible child not in the custody, care and control of the spouse—45%; or

  (b)     if there are