Document ID: chunk:federal_register_of_legislation:C2024C00465:section:43:p2
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 43 (pt 2/2)
Character Range: 109735–110956

with subsection 98B(5A), and additional pension at a rate equal to one‑eighth of five‑eighths of the rate at which retirement pay or invalidity pay was payable to the member immediately before his death or, if the member had commuted a portion of his retirement pay under section 24 or a portion of his invalidity pay under section 32A, at a rate equal to one‑eighth of five‑eighths of the rate at which retirement pay or invalidity pay, as the case may be, would have been payable to the member immediately before his death if he had not so commuted a portion of his retirement pay or invalidity pay, as the case may be.
 (4) Where the number of eligible orphans in respect of whom pensions are payable under subsection (3) because of the death of the recipient member is such that the sum of the rates of all the pensions so payable exceeds the rate of the retirement or invalidity pay used for the calculation of the orphans' pensions under that subsection, then, while that position exists, there is payable, in respect of each of the orphans, instead of the pensions described in subsection (3), a pension at the rate calculated by dividing the number of orphans into the rate exceeded.

Division 2A—Special pensions