Document ID: chunk:federal_register_of_legislation:C2024C00465:section:98b:p3
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 98B (pt 3/6)
Character Range: 250131–252752

that half‑year if he had not died, a rate equal to five‑eighths of the notional rate of retirement pay so applicable immediately before the commencement of that half‑year;
 (d) in relation to a pensioner to whom subsection 42(2) or 43(2) applies—the rate at which pension benefit referred to as additional pension was payable immediately before the commencement of the relevant prescribed half‑year to the pensioner under whichever of those subsections is applicable;
 (e) in relation to a pensioner to whom subsection 42(3) or 43(3) applies and who is the child of a deceased recipient member—a rate equal to such proportion as, under subsection (6), is the appropriate proportion of the rate at which retirement pay or invalidity pay, as the case may be, would, immediately before the commencement of the relevant prescribed half‑year, have been payable to the deceased recipient member if he had not died or, if a notional rate of retirement pay or invalidity pay, as the case may be, is applicable to the deceased recipient member in accordance with subsection (5) and the notional rate of retirement pay or invalidity pay, as the case may be, so applicable immediately before the commencement of that half‑year is lower than the rate at which retirement pay or invalidity pay, as the case may be, would have been payable to the deceased recipient member immediately before the commencement of that half‑year if he had not died, a rate equal to such proportion as, under subsection (6), is the appropriate proportion of the notional rate of retirement pay or invalidity pay, as the case may be, so applicable immediately before the commencement of that half‑year; or
 (f) in relation to a pensioner to whom a pension benefit is payable under section 43A or 44—a rate determined by CSC, being the rate which, in the opinion of CSC, is the appropriate rate to be regarded as the relevant rate of pension in relation to the pensioner for the relevant prescribed half‑year.
 (4A) For the purposes of paragraphs (4)(ab), (c) and (e), in working out the rate at which invalidity pay or retirement pay would have been payable to a deceased recipient member, work out any increases to which the member would have been entitled on or after the later of:
 (a) 1 July 2014; and
 (b) the day of the member's death;
using the pensioner's age at the time of the increase (not the age that the member would have been at that time, had the member not died).
 (5) For the purposes of subsection (4):
 (aa) a notional rate of invalidity pay is applicable to a recipient member if and only if that member:
 (i) is a member of the scheme