Document ID: chunk:federal_register_of_legislation:C2024C00651:section:4c
Version: federal_register_of_legislation:C2024C00651
Segment Type: section
Provision Reference: s 4C
Character Range: 24099–25998

4C  Spouse who survives a deceased person
 (1) In this section:
deceased person means a person who was, at the time of his or her death:
 (a) a person who was entitled to a parliamentary allowance; or
 (b) a person who was entitled to a retiring allowance, whether or not the retiring allowance was immediately payable.
retired member means a person who was entitled to a retiring allowance, whether or not the retiring allowance was immediately payable.
 (2) For the purposes of this Act, a person is a spouse who survives a deceased person if:
 (a) the person had a marital or couple relationship with the deceased person at the time of the death of the deceased person (the death); and
 (b) in the case of a deceased person who was a retired member at the time of the death:
 (i) the marital or couple relationship began before the retired member became a retired member; or
 (ii) the marital or couple relationship began after the retired member became a retired member but before the retired member reached 60; or
 (iii) in the case of neither subparagraph (i) nor (ii) applying—the marital or couple relationship had continued for a period of at least 5 years up to the time of the death.
 (3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if:
 (a) the person had previously had a marital or couple relationship with the deceased person; and
 (b) the person did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and
 (c) in the case of a marital or couple relationship that began after the deceased person became a retired member and reached 60—the relationship began at least 5 years before the deceased person's death; and
 (d) in the Trust's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.