Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p91
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 91/106)
Character Range: 358373–361638

of  children living with the spouse increases the rate of pension paid but it is nevertheless the spouse's entitlement.  There is no increase in a lump sum benefit if there are children.  For example, if the member's entitlement is  $100,000, two approved claimants might receive $50,000 each or one might get $70,000 and the other $30,000; regardless of the mix, the total cannot exceed $100,000.
Eligible children  who qualify for benefits and who are not living with the spouse receive benefits in their own right, either paid direct to the child or to a guardian.  So also do partially dependent children. The benefit paid to the spouse is reduced to provide for these separate children's benefits.                                                                                                                Residual  benefits
If there is no spouse, eligible and partially dependent children always have first claim. If there is any residual benefit left over after providing pension benefits for these children, CSC will pay it to or on behalf of the children.                                                                                                                                                                                      Residual benefits are worked out by multiplying an actuarially updated dollar value of the pension(s) by an actuarially estimated period of how long the pension(s) will be paid. This amount is then subtracted from the deceased member's entitlement to find out if there is any residual benefit left over.
If there is no spouse or children entitled to benefits, CSC will decide whether to pay the benefit to any ineligible children or to the legal personal representative of the deceased member.                                                                                                                                                                                                                                   Residual benefits paid to a dependent person or personal representative are not subsequently adjusted if the pension is actually paid for more or less than the period estimated. That is, no additional benefits are paid, or part of benefits already paid recovered, if children's pensions are paid for a shorter or longer time than anticipated.
Finally,  if there are no other claimants, CSC may pay the benefit as it sees fit to any other person or persons.
CSC will decide how to share the benefit between two or more beneficiaries.

Division 2

Spouse's benefit options — with or without children
7.2.1 A spouse of a deceased limited benefits member, with or without eligible children, is entitled to a lump sum of the final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of that former member. CSC will apportion the lump sum between that spouse and:
    (a) any other spouse with or without eligible children; and
    (b) any eligible child who does not ordinarily live with a spouse; and
         (c) any eligible children who do not ordinarily live with a spouse, but who ordinarily live together; and
    (d) any partially dependent child; or
    (e) any combination of such beneficiaries.

Children eligible for benefit — not