Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p6
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 12698–15585

47 and 75:

         (i) if subparagraph (ii) does not apply—the rate at which retirement pay or invalidity pay was payable to the deceased recipient member immediately before the death; or

          (ii) if a portion of the retirement pay or invalidity pay had been commuted under section 24 or 32A—the rate at which retirement pay or invalidity pay would have been

SCHEDULE—continued

         payable to the member immediately before the death if a portion of that retirement pay or invalidity pay had not been so commuted.".

Paragraph 41A(l)(a):

  Omit "the widow of".

Subparagraphs 41A(l)(a)(i) and (ii):

  Omit the subparagraphs, substitute:

     "(i) a spouse in relation to a contributing member who died on or after the commencement of the Commonwealth Superannuation Schemes Amendment Act 1992; or

     (ii) a widow or widower of a contributing member who died on or after the commencement of the Defence Legislation Amendment Act (No. 2) 1990 but before the commencement of the Commonwealth Superannuation Schemes Amendment Act 1992; or

     (iii) a widow or widower of a contributing member who died on or after 15 October 1990 but before the commencement of the Defence Legislation Amendment Act (No. 2) 1990; and".

Paragraph 41A(l)(b):

  Omit "(a)(ii)", substitute "(a)(iii)".

After subsection 41A(1):

  Insert:

"(1A) In subsection (1), "widow" and "widower" have their respective meanings given by this Act as in force immediately before the commencement of the Commonwealth Superannuation Schemes Amendment Act 1992.".

Subsection 43A(5):

After "the widow" insert "(within the meaning of this Act as in force at that time)".

Section 44:

  Repeal the section.

Governor-General Act 1974

Title:

  Omit "widows or widowers", substitute "spouses".

SCHEDULE—continued

Section 2A:

  Add at the end:

  "(2) In this Act:

'the Commissioner' means the person who holds, or performs the functions of, the office of Commissioner for Superannuation under the Superannuation Act 1976.".

After section 2A:

  Insert:

Marital relationship

  "2B.(1) In this section and section 2C:

'deceased person' means a person who was, at the time of his or her death, the Governor-General or a person who has at any time after the commencement of this Act held that office.

"(2) For the purposes of this Act, a person had a marital relationship with a deceased person at a particular time if the person ordinarily lived with the deceased person as the deceased person's husband or wife on a permanent and bona fide domestic basis at that time.

"(3) For the purpose of subsection (2), a person is to be regarded as ordinarily living with a deceased person as the deceased person's husband or wife on a permanent and bona fide domestic basis at a particular time only if:

    (a)     the person had been living with the deceased person as the deceased person's husband