Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_136:p10
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 136 (pt 10/12)
Character Range: 553625–556180

out by using the formula:

 (ii) if at any time there is one or more than one eligible child who is not a child referred to in subsection 108A(1) or (2)—such rate, being a rate higher than the rate worked out under subparagraph (i) but less than the basic rate of pension, as CSC determines to be fair and equitable in all the circumstances of the case;
  where:
  basic rate of pension means the annual rate at which the deferred benefit by way of orphan pension would be payable in respect of the person under paragraph (w), (y) or (za) (whichever would be applicable) if the deferred benefit was not payable in respect of the person in accordance with section 108A but was payable in respect of the person in accordance with section 105, 106, 107 or 108 (as the case may be).
  relevant period has the same meaning as in section 108A.
 (2BA) In spite of subsection (2B), on each of the 7 pension paydays immediately following the death of a person in respect of whom an amount of benefit is calculated in accordance with paragraph (2B)(j), (k) or (m), pension mentioned in that paragraph is payable at the rate at which pension would have been payable to that person on that day if the person had not died.
 (2BB) Where pension is payable as mentioned in subsection (2BA), section 96A applies as if the pension were payable in accordance with subsection 94(3), 95(2) or 96(3).
 (2C) Where:
 (a) a deferred benefit by way of spouse's additional pension is payable in respect of a person other than a former eligible employee with benefits from previous employment in accordance with subsection 91(1); and
 (b) the amount of that pension is an amount calculated in accordance with subparagraph (2B)(g)(i);
there is also payable in respect of the person a deferred benefit by way of a lump sum benefit equal to the person's accumulated employer contributions.
 (2D) Where:
 (a) at any time a deferred benefit by way of spouse's benefit is payable in respect of a person other than a former eligible employee with benefits from previous employment; and
 (b) at that time there is one, or more than one, child of the person who is a partially dependent child;
the amount of any pension or lump sum benefit constituting that benefit is determined by CSC having regard to:
 (c) the amount of pension or lump sum benefit that would be payable to the person under subsection (2B) if that subsection applied at that time to the person; and
 (d) the amount of extra spouse's pension that would be payable to the spouse of the person under section 96B or 96BA if