Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p27
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 27/48)
Character Range: 96323–98789

the spouse;
     (b) if the deceased member is not survived by a spouse but is survived by an eligible child or children, the benefit is payable to, or for the benefit of, the child or children;
     (c) if the deceased member is not survived by a spouse or an eligible child and he or she had notified CSC in writing that:
          (i) he or she had a person or persons dependent on him or her who would not be eligible to receive benefits as a spouse or eligible child; and
          (ii) he or she had made provision for that person or those persons in his or her will;
     the benefit is payable to, or for the benefit of, the person or persons;
     (d) in any other case the benefit is payable to the deceased member's personal representative.
Payment of deceased member's employer benefit
40. (1) A deceased member's employer benefit or a pension is payable as follows:
     (a) if the deceased member is survived by a spouse with or without an eligible child or children, the employer benefit is payable to the spouse as a lump sum;
     (b) if the deceased member is not survived by a spouse but is survived by an eligible child or children, 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 in Schedule 4 of the deceased member's notional invalidity pension;
     (c) if the deceased member is not survived by a spouse or an eligible child and he or she had notified CSC in writing that:
          (i) he or she had a person or persons dependent on him or her who would not be eligible to receive benefits as a spouse or eligible child; and
          (ii) he or she had made provision for that person or those persons in his or her will;
      the employer benefit is payable to, or for the benefit of, the person or persons as a lump sum;
     (d) in any other case the employer benefit is payable to the deceased member's personal representative as a lump sum.
(2) A spouse who is entitled to be paid an employer benefit under paragraph (1) (a) may elect that:
     (a) instead of that employer benefit being paid to him or her, it be converted into a pension payable to him or her at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased member's notional invalidity pension and if he or she so elects the benefit is so converted; or
     (b) instead of that employer benefit being paid in full to him or her, a specified part of that