Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p11
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 27950–30708

ground of invalidity with effect from a day occurring during the period of the person's entitlement to pre-assessment payments;

the person is entitled to invalidity pension in respect of a pension pay day immediately preceding a contribution day occurring during that period only to the extent (if any) by which the amount of pension that, but for this section, would be payable exceeds the amount of pre-assessment payment payable on that contribution day.".

Entitlement to spouse's benefit on death of pensioner

28. Section 93 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:

  "(b) if the pensioner:

       (i) did not make an election under section 64; or

         (ii) made an election under subsection 64 (2) but died before a lump sum benefit became payable;

     to spouse's additional pension under section 95.".

29. Division 5 of Part VI of the Principal Act is repealed and the following Division is substituted:

"Division 5—Miscellaneous

Eligible employee or retirement pensioner survived by one spouse and child not in the custody, care and control of the spouse

"109ab. (1) Where a person (in this section called the 'deceased person') who is an eligible employee or a retirement pensioner dies and is survived by one spouse and by an eligible child or eligible children, or a partially dependent child or partially dependent children, not in the custody, care and control of the spouse, benefit is only payable under Division 1, 2, 3 or 3a in accordance with this section.

"(2) The amount of spouse's pension payable to the spouse must not exceed:

    (a)     if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or

    (b)    if the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension under that section; or

    (c)     if the deceased person was, immediately before his or her death, a retirement pensioner—the applicable percentage of the annual rate of pension payable to the