Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p31
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 31/48)
Character Range: 105660–108231

under rule 25 dies before the invalidity pension again becomes payable, he or she is taken, for the purposes of this Division, to have been an invalidity pensioner in receipt of pension immediately before his or her death.
Division 3—Death of Spouse
Child's benefit upon death of spouse
46. (1) Where a spouse of a deceased member, being a spouse who:
     (a) is in receipt of a spouse's pension; and
     (b) has an eligible child or children;
dies, a pension is payable to, or for the benefit of, the child or children at an annual rate equal to the relevant percentage in Table 2 of Schedule 4 of the deceased person's notional pension.
(2) In this rule:
"deceased person" has the same meaning as in paragraph 8 of Schedule 1;
"deceased person's notional pension" means:
     (a) where the spouse was in receipt of a pension under subrule 40 (2)—the deceased person's notional invalidity pension, or reduced notional invalidity pension, on the date of the member's death; or
     (b) where the spouse was in receipt of a pension under subrule 42 (1)—the deceased person's pension on the date of the member's death;
as if the rate of that pension had been increased from time to time in accordance with Division 2 of Part 6;
"notional invalidity pension" and "reduced notional invalidity pension" have the same respective meanings as in rule 40.
Division 4—Miscellaneous
Entitlements where two spouses
47. (1) In spite of anything in this Part, where a deceased member or retirement pensioner is survived by 2 spouses, the amount of member benefit (if any) and the amount of employer benefit payable to each spouse is to be determined by CSC but so that not less than 37.5 per centum of the member benefit (if any) and 37.5 per centum of the employer benefit is payable to each spouse.
(2) The total amount of member benefit (if any) and the total amount of employer benefit determined under subrule (1) is not to exceed the amount of the deceased person's member benefit (if any) or employer benefit, respectively.
(3) Where, under a provision of this Part, a spouse is entitled to make an election in relation to a benefit, then, in a case where a deceased person is survived by 2 spouses, each of those spouses is entitled to make such an election in relation to so much of the benefit as is applicable to him or her.
Payment of balance of benefit where pension becomes payable to child in certain cases
48. (1) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased member under paragraph 40 (1) (b), an amount equal