Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p24
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 24/34)
Character Range: 187271–189855

would be payable to the person under this section if the person was not

    a former eligible employee with benefits from previous employment; and

    (b) the amount of any transfer value paid by, or in respect of, the person to the Superannuation Board or the Commissioner for Superannuation under the superseded Act; and

    (c) the number of non-contributory units (if any) that were, under the superseded Act, applicable in relation to the person on 30 June 1976 or immediately before the person became entitled to invalidity pension (as the case may be) and the contributions that would have been paid by the person in respect of those units if they had been contributory units of pension in respect of which the person had contributed at rates based on a retiring age of 65; and

    (d) the amount of any transfer value paid by, or in respect of, the person to the Commissioner under this Act.

"(2g) Where, at any time, a deferred benefit by way of spouse's pension or spouse's additional pension is payable in respect of a person, then, for the purposes of paragraph (2b) (a), (c), (f), (j) or (m), as the case requires, the applicable percentage is:

    (a) if paragraphs (b), (c) and (d) do riot apply—67 per centum; or

    (b) if at that time one child of the person is an eligible child—78 per centum; or

    (c) if at that time 2 children of the person are eligible children—89 per centum; or

    (d) if at that time more than 2 children of the person are eligible children—100 per centum.

"(2h) Where, at any time, a deferred benefit by way of orphan's pension is payable in respect of a person, then, for the purposes of paragraph (2b) (n), (q), (t), (u), (w), (y), (z) or (za), as the case requires, the applicable percentage is:

    (a) if at that time one child of the person is an eligible child—45 per centum; or

    (b) if at that time 2 children of the person are eligible children— 80 per centum; or

    (c) if at that time 3 children of the person are eligible children— 90 per centum; or

    (d) if at that time more than 3 children of the person are eligible children—100 per centum.".

Election that Division apply

76. Section 137 of the Principal Act is amended by omitting subsections (4) and (5) and substituting the following subsection:

"(4) Subsection (3) does not apply:

    (a) if a person entitled to make an election under this section dies

    without making such an election and the election is made by another person under subsection 157 (2a); or

    (b) if a person who has made an election under this section dies, without