Document ID: chunk:federal_register_of_legislation:C2022C00264:section:109ab
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 109AB
Character Range: 352266–355107

109AB  Eligible employee or retirement pensioner survived by one spouse and child not in the custody, care and control of the spouse
 (1) Where a person (in this section called the deceased person) who is an eligible employee or a retirement pensioner dies and is survived by one spouse and by an eligible child or eligible children, or a partially dependent child or partially dependent children, not in the custody, care and control of the spouse, benefit is only payable under Division 1, 2, 3 or 3A in accordance with this section.
 (2) The amount of spouse's pension payable to the spouse must not exceed:
 (a) if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or
 (b) if the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension under that section; or
 (c) if the deceased person was, immediately before his or her death, a retirement pensioner and had had a marital or couple relationship that had begun:
 (i) before he or she had become a retirement pensioner; or
 (ii) before he or she had turned 60; or
 (iii) not less than 3 years before the pensioner's death;
  —the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.
 (3) The applicable percentage mentioned in paragraphs (2)(a) and (b) is:
 (a) if there are no eligible children of the deceased person in the custody, care and control of the spouse—67%; or
 (b) if there is one such eligible child—78%; or
 (c) if there are 2 such eligible children—89%; or
 (d) if there are 3 or more such eligible children—100%.
 (3A) The applicable percentage mentioned in paragraph (2)(c) is the percentage worked out in accordance with the following table:

Applicable percentage
Item                   Number of eligible children in custody etc. of spouse                                                           Category 1          Category 2
                                                                                                                                       deceased pensioner  deceased pensioner