Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p14
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 33505–36343

in the case of a deceased person who was a retired member at the time of the death:

         (i) the marital relationship began before the retired member became a retired member; or

         (ii) the marital relationship began after the retired member became a retired member but before the retired member reached 60; or

         (iii) in the case of neither subparagraph (i) nor (ii) applying—the marital relationship had continued for a period of at least 5 years up to the time of the death.

"(3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if:

    (a)     the person had previously had a marital relationship with the deceased person; and

    (b)     the person did not, at the time of the death, have a marital relationship with the deceased person but was legally married to the deceased person; and

    (c)     in the case of a marital relationship that began after the deceased person became a retired member and reached 60—the relationship began at least 5 years before the deceased person's death; and

    (d)     in the Trust's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.".

SCHEDULE—continued

Subsection 19(2):

  Omit the subsection, substitute:

"(2) Subject to section 21AA, if the deceased person is survived by a spouse, there is payable to the spouse an annuity, during his or her life-time, at a rate ascertained in accordance with subsection (3).".

Subsection 19(7):

  Omit the subsection.

Subsection 19AA(2):

  Omit all the words after paragraph (2)(b) and substitute:

"and the deceased person:

    (c) was or is survived by a child of the deceased person or of a former spouse of the deceased person, being a child who:

       (i) was dependent on the deceased person; and

      (ii) is an eligible child; and

    (d) was not or is not survived by a person with whom the deceased person had had a marital relationship and who is the natural or adoptive parent of that child;

then, subject to section 21AA, benefit in accordance with this section is payable in respect of the child.".

Paragraph 19AA(2B)(a):

  Omit the paragraph, substitute:

  "(a) the child was:

         (i) born while the deceased person was having a marital relationship with another person; or

         (ii) adopted by the deceased person or the deceased person with that other person during the duration of that relationship; and".

Subsection 19AA(3):

     (a)       Omit "widow or widower" (first 2 occurrences), substitute "spouse".

     (b)      Omit "late spouse of the widow or widower", substitute "deceased person".

Subsection 19AA(3A):

  Omit the subsection, substitute:

  "(3A) Subsection (3) does not apply to a child who:

   (a) was born after the date of the death of the deceased person;