Document ID: chunk:federal_register_of_legislation:C2022C00261:schedule:1:p6
Version: federal_register_of_legislation:C2022C00261
Segment Type: schedule
Provision Reference: sch 1 (pt 6/8)
Character Range: 157559–160012

In this Part:
"deceased person" means a person who:
     (a) has died; and
     (b) was, at the time of his or her death, a member or a former member.
9. Subject to this Part, a reference in these Rules to a spouse of a deceased person is a reference to:
     (a) a person who was legally married to the deceased person at the time of his or her death and who, at that time, was ordinarily living with the deceased person on a permanent and bona fide domestic basis; and
     (b) a person who was legally married to the deceased person at the time of his or her death but who was not ordinarily living with the deceased person on a permanent and bona fide domestic basis at that time and who, in the opinion of CSC, was wholly or substantially dependent upon the deceased person at that time; and
     (c) a person who was not legally married to the deceased person at the time of his or her death but who, for a continuous period of not less than 3 years immediately before the deceased person's death, had ordinarily lived with the deceased person as his or her husband or wife, as the case may be, on a permanent and bona fide domestic basis; and
     (d) a person who was not legally married to the deceased person at the time of his or her death but who, for a continuous period of less than 3 years immediately before the deceased person's death, had ordinarily lived with the deceased person as his or her husband or wife, as the case may be, on a permanent and bona fide domestic basis and who, in the opinion of CSC, was wholly or substantially dependent upon the deceased person at the time of his or her death.
10. Where:
     (a) a deceased person was, at the time of his or her death, a retirement pensioner (in this paragraph called the "pensioner"); and
     (b) the marriage of the pensioner to the person to whom the pensioner was legally married at the time of his or her death took place after the pensioner had become a pensioner and had attained the age of 60 years;
a reference in these Rules to a spouse of a deceased person is, in relation to the pensioner, a reference to the person to whom the pensioner was so married if:
     (c) the marriage took place not less than 5 years before the pensioner's death; or
     (d) the marriage took place less than 5 years before the pensioner's death but:
          (i) the person had, immediately before the marriage, for a continuous period that commenced not later than 5 years before