Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p45
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 111658–114413

an eligible child" and substituting "each eligible child of the contributor or pensioner and each eligible child of the wife or husband of the contributor or pensioner".

Special grants of pension
82. Section 48ab of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:
"(3) Where the deceased pensioner referred to in sub-section (1) died before 1 July 1976, the Commissioner shall not grant a pension under sub-section (1) of this section to a person who, if the Superannuation Act 1976 had come into force before that deceased pensioner had died, would, at the time of the deceased pensioner's death, have been a spouse of the deceased pensioner for the purposes of that Act, unless the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as the Commissioner considers relevant, is satisfied that the person is in necessitous circumstances or that the granting of the pension is otherwise warranted.".

Period for which pensions payable
83. Section 59 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
"(2) Where pension became payable in respect of a person because the person is the eligible child of another person, being a deceased contributor or deceased pensioner or the widow, widower, wife or husband of a deceased contributor or deceased pensioner, pension is payable only while the child is such an eligible child.".

Transfer value
84. Section 119s of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-sections:
"(1) A reference in this Division to a transfer value payable in accordance with this Division in respect of a person who has ceased to be a contributor to the Fund or to the Provident Account is a reference—
     (a) in the case of a person in respect of whom that transfer value has become payable by virtue of the operation of section 119v—
         (i) unless sub-paragraph (ii) applies—to such amount as is determined by the Commissioner to be the value of the rights of the person under this Act as at the time immediately before the person ceased to be such a contributor; or
         (ii) if the declaration under sub-section (1) of section 119r of the eligible superannuation scheme referred to in subparagraph 119v (1) (b) (ii) of which the person became a member—
              (a) was made by instrument published in the Gazette after the commencement of this sub-section; and
              (B) by virtue of the operation of sub-section (2) of section 119r, came into operation on a day earlier than the day on which the instrument of declaration was published in the Gazette,

         to an amount equal to the sum of the amount