Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_136:p6
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 136 (pt 6/12)
Character Range: 544241–546839

amount of the person's accumulated employer contributions;
 (h) if a deferred benefit by way of a lump sum benefit is payable in respect of the person in accordance with section 92, 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);
 (j) if a deferred benefit by way of spouse's standard pension is payable in respect of the person in accordance with section 94, then, except if paragraph (ma) applies, 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)(a) immediately before his or her death;
 (k) if a deferred benefit by way of spouse's additional pension is payable in respect of the person in accordance with section 95, then, except if paragraph (ma) applies, the annual rate of that pension is:
 (i) except if subparagraph (ii) applies—67% of the annual rate of the pension that was payable to the person in accordance with paragraph (2)(b) immediately before his or her death; or
 (ii) if the person elected under section 137A that deferred benefits be paid to him or her at a reduced rate—85% of the annual rate of that pension;
 (m) if a deferred benefit by way of spouse's pension is payable in respect of the person in accordance with section 96, then, except if paragraph (ma) applies, 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;
 (ma) if:
 (i) a deferred benefit by way of spouse's standard pension, spouse's additional pension or spouse's pension is payable in respect of the person in accordance with section 94, 95 or 96 (as the case may be); and
 (ii) the person had had a late short‑term marital or couple relationship with his or her spouse;
  the annual rate of that pension is:
 (iii) if subparagraph (iv) does not apply—the rate worked out by using the formula:

 (iv) if there is one or more than one eligible child who did not become a child of the person because of that late short‑term marital or couple relationship—such rate, being a rate higher than the rate worked out under subparagraph (iii) but less than the basic rate of pension, as CSC determines to be fair and equitable in all the circumstances of the case;
  where:
  basic rate of pension means the annual rate at which, apart from this paragraph, the deferred benefit would be payable in respect of the person