Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:184:p9
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 184 (pt 9/18)
Character Range: 69529–72415

spouse does not make an election under section 83 or 84 — an amount per annum equal to whichever is the greater of:
                      (i) the amount by which the annual rate of the pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:
                      (ii) the amount per annum of the spouse's pension that would be payable to the spouse if the deceased prescribed eligible employee had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) or a person who, immediately before the commencing day, was entitled to a relevant pension; or
                      (b) if the spouse makes an election under section 83 — an amount per annum equal to whichever is the greater of:
                      (i) the amount by which the annual rate of the pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:
                      (ii) the amount per annum of the spouse's pension that would be payable to the spouse if the deceased prescribed eligible employee had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) or a person who, immediately before the commencing day, was entitled to a relevant pension.
                      '(3) Where the spouse of a deceased prescribed eligible employee is entitled to spouse's standard pension by virtue of section 89, the annual rate of that pension is an amount per annum equal to whichever is the greater of:
                      (a) the amount by which the annual rate of the spouse's standard pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:
                      (b) the amount per annum of the spouse's standard pension that would be payable to the spouse if the deceased prescribed eligible employee had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) or a person who, immediately before the commencing day, was entitled to a relevant pension.
                      '(4) Where:
                      (a) a pensioner to whom age retirement pension or early retirement pension is payable dies and is survived by a spouse; and
                      (b) before becoming entitled to the pension, the pensioner was a prescribed eligible employee;