Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p90
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 90/106)
Character Range: 354725–358615

member, or in respect of a partially dependent child, is payable to, or for the benefit of, that child.
7.1.4 The death benefit accrual in relation to a deceased member who is:
    (a) not survived by a spouse; but
         (b) is survived by an eligible child or children and/or a partially dependent child or children;
is payable as a pension (see Rule 9.3.2) to, or for the benefit of, that child or collectively to, or for the benefit of, those children.  Any amount remaining after deducting the capital value of the pension or pensions, as decided by CSC after considering actuarial advice, from the death benefit accrual is payable as a lump sum to, or on behalf of, the child or children.  CSC will apportion any lump sum between eligible children and/or partially dependent children.

No spouse or eligible or partially dependent children
7.1.5 If a deceased member is not survived by a spouse or children eligible for benefits, including partially dependent children, CSC may pay the death benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member to:
         (a) any child or children of the deceased member, who would otherwise be ineligible for benefits, in such proportions as are determined by CSC; or
         (b) the legal personal representative of the deceased member.
If, after making reasonable enquiries, CSC is unable to find the legal personal representative of a deceased member CSC may pay the death benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member to an individual or apportion it between two or more individuals.
7.1.6 Rule deleted in the 10th amending deed.

  Note:
  A deceased member in this Division DOES NOT include a member who died whilst a limited benefits member.  See Division 2 of this Part for details of the benefits paid where a member was a limited benefits member at the time of death.

                                                                                                                                                                                                                                                                                                                                                                                                                                More About Deceased Member Benefits

What is the priority?                                                                                                                                                                                                                                                                                                                                                                                                           How much can be paid
A benefit always becomes payable when a member dies.                                                                                                                                                                                                                                                                                                                                                                            CSC cannot pay any more than the total value of the deceased member's entitlement, regardless of how many claims are approved.
A spouse generally has priority over any other claims for the benefit of a deceased member. The entire benefit is paid to the spouse except where children who qualify for benefits are not living with that spouse.  The existence of  children living with the spouse increases the rate of pension paid but it is nevertheless the spouse's entitlement.  There is no increase in a lump sum benefit if there are children.  For example, if the member's entitlement is  $100,000,