Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p3
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 3/34)
Character Range: 135250–138055

respect of the partially dependent child or children;

whichever is less.

"(3) The spouse of a deceased eligible employee or deceased pensioner is not entitled to extra spouse's pension at any time when there are more than 2 children of the deceased eligible employee or deceased pensioner who are eligible children.

"(4) Where, at any time, the spouse of a deceased eligible employee or pensioner is entitled to extra spouse's pension, then, for the purposes of subsection (2), the applicable percentage is:

    (a) if at that time 2 children of the deceased eligible employee or pensioner are eligible children—11 per centum; or

    (b) if at that time one child of the deceased eligible employee or pensioner is an eligible child:

(i) if there is only one partially dependent child—11 per centum; or

(ii) if there is more than one partially dependent child—22 per centum; or

    (c) if at that time no child of the deceased eligible employee or pensioner is an eligible child:

(i) if there is only one partially dependent child—11 per centum; or

(ii) if there are 2 partially dependent children—22 per centum; or

(iii) if there are more than 2 partially dependent children— 33 per centum.".

59. Before section 97 of the Principal Act the following section is inserted in Division 4 of Part VI:

Interpretation

"96c. In this Division, a reference to an eligible child includes a reference to a partially dependent child.".

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

60. Section 99 of the Principal Act is amended:

(a) by omitting from subsection (2) "Where" and substituting "Subject to subsection (3), where";

(b) by adding at the end the following subsection:

"(3) Where:

       (a) the Commissioner gives a direction under subsection (1) of this section in relation to an eligible child or eligible children of a deceased eligible employee; and

       (b) that child, or each of those children, is a partially dependent child;

    there is payable in respect of the child or children a lump sum benefit of an amount determined by the Commissioner, being an amount that is:

       (c) not less than the amount of the deceased eligible employee's accumulated contributions; and

        (d) not more than the sum of the lump sum benefit referred to in subsection (2) and the productivity benefit payable

in respect of the deceased eligible employee under Part VIa.".

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

61. Section 101 of the Principal Act is amended:

(a) by omitting