Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p18
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 42531–45226

is substituted:

Eligible employee or retirement pensioner survived by more than one spouse
"110. (1) Where a person (in this section referred to as the 'deceased person') who is an eligible employee or a retirement pensioner dies and is survived by 2 or more persons (in this section referred to as the 'surviving spouses') who are spouses of the deceased person, benefit is not payable under Division 1, 2 or 3 to the surviving spouses except in accordance with this section.

"(2) Subject to the succeeding provisions of this section, benefit payable under Division 1, 2 or 3 to the surviving spouses of a deceased person is such benefit as would be payable in respect of the deceased person if the deceased person had had only one spouse who survived him.

"(3) The Commissioner shall, having regard to the respective needs of the surviving spouses of a deceased person and to such other matters as he considers relevant, allocate any benefit payable in respect of the deceased person under Division 1, 2 or 3 (other than a benefit payable in accordance with section 91) among the surviving spouses and benefit is payable accordingly.

"(4) Where the deceased person was, immediately before his death, an eligible employee who had attained his maximum retiring age—
     (a) the Commissioner, having regard to the respective needs of the surviving spouses of the deceased person and to such other matters as he considers relevant, shall, for the purpose of ascertaining the benefit payable in accordance with section 91, allocate the accumulated contributions of the deceased person among the surviving spouses; and

     (b) section 91 applies in relation to a spouse of the deceased person as if—
         (i) the deceased person had had only one spouse who survived him and that person were that spouse;
         (ii) the accumulated contributions of the deceased person were the part of those contributions allocated to that spouse under paragraph (a); and
         (iii) each reference in that section to 13.4 per centum were a reference to such percentage as bears to 13.4 per centum the same proportion as the part of the accumulated contributions of the deceased person allocated to that spouse under paragraph (a) bears to the accumulated contributions of the deceased person.

"(5) Each of the surviving spouses of a deceased person may make such elections under this Act in relation to the part of a benefit payable in accordance with this section to the spouse as could be made by the spouse in relation to the benefit if the deceased person had had only one spouse who survived him and that person were that spouse.

"(6) Where a pension is payable to 2 or more of the surviving