Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p1
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 1/34)
Character Range: 130502–133098

365

where:

P is the percentage referred to in paragraph (a); and

       D is the number of days in the part of a year included in the person's period of contributory service.".

Rate of spouse's standard pension on death of age or early retirement pensioner

54. Section 94 of the Principal Act is amended by adding at the end the following subsection:

"(3) In spite of subsections (1) and (2), on each of the 7 pension pay days immediately following the death of a pensioner referred to in subsection 93 (1), spouse's standard pension is payable to the spouse of the deceased pensioner at the same rate at which standard age retirement

pension or standard early retirement pension, as the case may be, would be payable to the deceased pensioner on that day if he or she had not died.".

Rate of spouse's additional pension on death of age or early retirement pensioner

55. Section 95 of the Principal Act is amended by adding at the end the following subsection:

"(2) In spite of subsection (1), on each of the 7 pension pay days immediately following the death of a pensioner referred to in subsection 93(1) who did not make an election under section 64, spouse's additional pension is payable to the spouse of the deceased pensioner at the same rate at which additional age retirement pension or additional early retirement pension, as the case may be, would be payable to the deceased pensioner on that day if he or she had not died.".

Rate of spouse's pension on death of invalidity pensioner

56. Section 96 of the Principal Act is amended by adding at the end the following subsection:

"(3) In spite of subsections (1) and (2), on each of the 7 pension pay days immediately following the death of a pensioner referred to in subsection 93 (2), spouse's pension is payable to the spouse of the deceased pensioner at the same rate at which invalidity pension would be payable to the deceased pensioner on that day if he or she had not died.".

57. After section 96 of the Principal Act the following section is inserted in Division 3 of Part VI:

Set off against pension in certain circumstances

"96a. Where:

    (a) the spouse of a deceased pensioner to whom age retirement pension, early retirement pension or invalidity pension (in this section called the 'primary pension') was payable is entitled to spouse's benefit in accordance with subsection 94 (3), 95 (2) or 96 (3); and

    (b) an amount purporting to be an instalment of primary pension payable to the pensioner in respect of a period in respect of which spouse's benefit is payable in accordance with subsection 94