Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p20
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 20/34)
Character Range: 177772–180341

way of spouse's pension is payable in respect of the person in accordance with section 96, the annual rate of that pension is the applicable percentage of the annual rate of the pension that was payable to the person in accordance with paragraph (2) (d) or (f) (as the case may be) immediately before his or her death;

    (n) if a deferred benefit by way of orphan pension is payable in respect of the person in accordance with section 97, the annual rate of that pension is the applicable percentage of the annual rate of the pension that would be payable to the person in accordance with paragraph (2) (a) if he or she had not died but had, on the day immediately following his or her death, become entitled to the deferred benefit referred to in that paragraph;

    (p) if a deferred benefit by way of a lump sum benefit is payable in respect of the person in accordance with section 97, the lump sum benefit is an amount equal to the sum of the person's accumulated contributions and the person's accumulated employer contributions (if any);

    (q) if a deferred benefit by way of orphan pension is payable in respect of the person in accordance with section 98 or 100, the annual rate of that pension is:

       (i) where a lump sum benefit of an amount equal to the person's accumulated contributions has been paid out of the Fund under subsection 111 (1) or where, if the person had not died, he or she would have been entitled to invalidity benefit as provided by subsection 66 (3) or (3a)—the applicable percentage of the annual rate of the pension that would be payable to the person in accordance with paragraph (2) (f) if he or she had not died but had, on the day immediately following his or her death, become entitled to the deferred benefit referred to in that paragraph; or

       (ii) where subparagraph (i) does not apply—the applicable percentage of the annual rate of the pension that would be payable to the person in accordance with paragraph (2) (d) if he or she had not died but had, on the day immediately following his or her death, become entitled to the deferred benefit referred to in that paragraph;

    (r) if a deferred benefit by way of lump sum benefit is payable in respect of the person in accordance with section 98 or 100, the lump sum benefit is:

        (i) except where subparagraph (ii) applies—an amount equal to the sum of the person's accumulated employer contributions (if any) and the person's accumulated supplementary contributions; or

       (ii) where, if the person had not died, he or she would have been