Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p16
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 38872–41676

while entitled to a retiring allowance the rate of which was, at the time of the death, reduced under section 21 or 21B—the rate of retiring allowance to which the deceased person was entitled was not so reduced; and

    (b)    if the deceased person died while entitled to a parliamentary allowance—the deceased person ceased to be entitled to that allowance at the time of the death; and

    (c)     if the period of service of the deceased person was less than 8 years—the period of service of the deceased person was 8 years.".

Superannuation Act 1922

After subsection 48AB(3):

  Insert:

  "(3AA) If a pensioner or contributor died before 25 June 1993:

    (a) the amendments of the Superannuation Act 1976 ('the 1976 Act') and this Act made by the Commonwealth Superannuation Schemes Amendment Act 1992 do not apply in relation to any pension that may be granted, apart from this subsection, under

SCHEDULE—continued

     this section in respect of the deceased pensioner or contributor; and

    (b) the 1976 Act and this Act, as in force immediately before 25 June 1993, continue to apply in relation to any pension granted or that may be granted under this section in respect of the deceased pensioner or contributor.".

Subsection 48AB(4):

     (a)       Omit "The grant", substitute "If a deceased pensioner died before 25 June 1993, the grant".

     (b)      After "in respect of a person", insert ", in relation to that deceased pensioner,".

After section 48AB:

  Insert:

Deceased pensioner survived by more than one spouse

  "48ABA.(1) In this section:

'eligible child', in relation to a deceased pensioner, includes a person who would, if the deceased pensioner had been a retirement pensioner for the purposes of the Superannuation Act 1976 immediately before his or her death, be an eligible child in relation to that retirement pensioner within the meaning of that Act;

'spouse', in relation to a deceased pensioner, means:

   (a) a person who:

       (i) survives the deceased pensioner; and

         (ii) would, if the deceased pensioner had been a retirement pensioner for the purposes of the Superannuation Act 1976 immediately before his or her death, be a spouse in relation to that person within the meaning of that Act; or

     (b) a widow or widower of the deceased pensioner who is entitled to a pension under section 47.

"(2) If a deceased pensioner is survived by more than one spouse, a pension is only payable under section 47 or 48 (including under the section because of section 48AB) to a person in accordance with an allocation made under subsection (3).

"(3) The Commissioner must, subject to subsections (4), (5) and (6) of this section and subsection 48AB(3A), and having regard to:

   (a)     the respective needs of the surviving spouses;