Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p17
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 17/18)
Character Range: 84173–87075

(f) is payable in accordance with subsection (2) to the spouse of a person who has died and was, at the time of his death, an eligible employee or a retirement pensioner, there are children of that person who are eligible children, then, in the application of subsection (2) at that time to the spouse:
                           (a) any reference in that sub-section to 67 per centum shall be read as a reference to:
                              (i) where there is 1 eligible child — 78 per centum;
                              (ii) where there are 2 eligible children — 89 per centum; or
                              (iii) where there are 3 or more eligible children — 100 per centum; and
                           (b) any reference in that sub-section to 54 per centum shall be read as a reference to:
                              (i) where there is 1 eligible child — 65 per centum;
                              (ii) where there are 2 eligible children — 76 per centum; or
                              (iii) where there are 3 or more eligible children — 87 per centum.
                         (4) For the purpose of the application in relation to a person to, or in respect of, whom a pension to which this section applies is payable of a formula in this section:
                         A is:
                           (a) except where paragraph (b) applies — the number of units of pension for which the person was a contributor under the superseded Act on 30 June 1976; or
                           (b) where section 20AA of the superseded Act applied to the person — the aggregate of the number of units of pension referred to in paragraph (a) and the number of additional units of pension for which, but for that section, the person would have been eligible to contribute under the superseded Act; and
                         B is the number of non-contributory units of pension (if any) applicable in relation to the person under the superseded Act on 30 June 1976.
                         220. If, at any time when spouse's pension is payable by virtue of a provision of this Act in respect of a person who has died and was, at the time of his death, an eligible employee or a retirement pensioner, there are children of that person who are eligible children, then, notwithstanding any other provision of the Act, the annual rate of that pension shall not be less than an amount per annum equal to the sum of:
                           (a) the amount per annum of spouse's pension that would be payable at that time in respect of the person if there were no eligible children; and
                           (b) an amount in dollars ascertained in accordance with the formula:

                           where A is the number of eligible children in relation to that person at that time.
                         221. Where, at any time, orphan pension is payable by virtue of