Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4 (pt 2/3)
Character Range: 369939–372529

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 and had been in a marital or couple relationship that had begun:
 (i) before he or she had become a retirement pensioner; or
 (ii) before he or she had turned 60; or
 (iii) not less than 3 years before the pensioner's death;
  the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.
 (7A) If:
 (a) the deceased person:
 (i) was, immediately before his or her death, a retirement pensioner; and
 (ii) had had a late short‑term marital or couple relationship; and
 (b) one or more than one eligible child of the pensioner:
 (i) was born of that marital or couple relationship; or
 (ia) was, within the meaning of the Family Law Act 1975, a child of the pensioner and the person with whom the pensioner had that marital or couple relationship; or
 (ii) became a stepchild of the pensioner as a result of that marital or couple relationship; or
 (iii) is a child of the person with whom the pensioner had that marital or couple relationship; and
 (c) that child or any of those children is not in the custody, care and control of any of the surviving spouses;
the following provisions apply:
 (d) benefit attributed under subsection (6) to that child or to each of those children should be less than the amount of benefit that would be attributed to him or her if he or she were an eligible child other than a child referred to in paragraph (b);
 (e) benefit attributed under subsection (6) to the eligible child or eligible children of the deceased person not in the custody, care and control of any of the surviving spouses must not exceed in the aggregate such proportion of the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death as is determined by CSC.
 (7B) In making a determination under subsection (6) as affected by paragraph (7A)(d) or under paragraph (7A)(e), CSC must take into consideration:
 (a) the extent to which spouse's pension payable to the spouse of a deceased pensioner under Division 3 is reduced when the spouse and the deceased pensioner have been in a marital or couple relationship of the kind referred to in paragraph (7A)(a); and
 (b) whether the eligible child or any of the eligible children not in the custody of any surviving spouse was