Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p10
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 22277–24892

member; or
    (b) in the case of a person referred to in sub-paragraph (i) or (ii) of paragraph (a) of that sub-section—the employment referred to in that paragraph terminated by reason of his ill-health.
"(8) In the application of this section to a person who is a member at the commencement of this section, a reference in paragraph (b) of sub-section (2) or in sub-section (3) to eight years shall be construed as a reference to the period by which eight years exceeds so much of the

period that, but for this section and sections 20, 20a and 22q, would be the period of service of the member as occurred before the commencement of this section.".

17. (1) Sections 19 and 19aa of the Principal Act are repealed and the following sections substituted:—

Benefits on death of member.
"19. (1) Where a person dies—
(a) while entitled to a parliamentary allowance; or
(b) while entitled to a retiring allowance under the foregoing pro­visions of this Part,
benefits are payable in accordance with this section.

"(2) Subject to sub-section (7), if the deceased person is survived by a widow or widower, there is payable to the widow or widower, at her or his option, to be exercised as prescribed, either—
    (a) an annuity, during her or his life-time but ceasing upon her or his re-marriage, at a rate ascertained in accordance with sub­section (3); or
    (b) the sum of the deceased person's contributions and the Common­wealth supplement in relation to the deceased person, less the amount of retiring allowance, if any, received by or accrued due to, the deceased person before the death of that person.
"(3) The rate of the annuity referred to in paragraph (a) of sub­section (2) is—
    (a) if the period of service of the deceased person was less than eight years—five-sixths of the rate of the retiring allowance applicable in accordance with the scale set out in sub-section (6) of section 18 in the case of a person whose period of service is eight years; or
    (b) in any other case—five-sixths of the rate of the retiring allowance applicable in accordance with that scale in the case of a person whose period of service is equal to the period of service of the deceased person.
"(4) Where a widow or widower who has an option under sub-section (2) dies or re-marries without having exercised that option, the widow or widower shall be deemed, for the purposes of this Act, to have exercised that option immediately before her or his death or re-marriage by electing to be paid the amount ascertained in accordance with paragraph (b) of that sub-section.
"(5) Where—
    (a) a widow or widower who