Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p5
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 10018–12952

married to the deceased person; and

    (c)     in the case of a marital relationship that began after the deceased person became a recipient member and reached 60—the relationship began at least 5 years before the deceased person's death; and

    (d)     in the Authority's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.".

Division 1 of Part VI (heading):

  Omit "Widows' Pensions", substitute "Spouse's Pension".

Section 38:

  (a)     Omit "widow" (twice occurring), substitute "spouse".

  (b)     Omit "his", substitute "the deceased member's".

  (c)     Omit "he", substitute "the deceased member".

Subsection 39(1):

  (a)      Omit "widow" (twice occurring), substitute "spouse".

  (b)      Omit "his" (5 times occurring), substitute "the member's".

  (c)      Omit "he", substitute "the member".

Subsection 39(2):

  (a)       Omit "widow" (twice occurring), substitute "spouse".

  (b)      Omit "he", substitute "the member".

SCHEDULE—continued

Section 40:

  (a)       Omit "widow" (5 times occurring), substitute "spouse".

  (b)      Omit "his", substitute "the member's".

  (c)       Omit "her", substitute "the spouse".

Section 41:

  Repeal the section, substitute:

Rate of pension payable on death of member of scheme leaving more than one spouse

"41.(1) If a member of the scheme ('deceased person') is survived by more than one spouse, the Authority must allocate any pension payable to a spouse in respect of the deceased person under this Act among the spouses.

"(2) The Authority must have regard to the respective needs of the spouses when making the allocation.

"(3) Subject to subsections (4) and (5), a pension is only payable to each spouse in accordance with the allocation.

"(4) The rate of pension payable to each spouse under the allocation must be at least three-eighths of the rate of the relevant pension in relation to the deceased person under this Act.

"(5) The aggregate of the rates of pension payable under an allocation must not exceed 100% of the rate of the relevant pension in relation to the deceased person under this Act.

"(6) In subsections (4) and (5), the rate of the relevant pension in relation to the deceased person under this Act is:

     (a) in the case of a deceased person who was not a recipient member—the rate at which invalidity pay would have been payable to the deceased person if, on the date of the death, the deceased person:

       (i) had been entitled to invalidity benefit; and

       (ii) had been classified as Class A under section 30; or

     (b) in the case of a deceased recipient member, then, subject to sections 47 and 75:

         (i) if subparagraph (ii) does not apply—the rate at which retirement pay or invalidity pay was payable to the deceased recipient member immediately before the death; or

          (ii) if a portion of the retirement pay or invalidity