Document ID: chunk:federal_register_of_legislation:C2022C00288:section:57:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 57 (pt 1/3)
Character Range: 58846–61297

57  Pension on death of pensioner etc.
 (1AA) A male person is not to be treated as a male pensioner for the purposes of this section merely because the person, at the time of his death, was receiving associate pension under Part VIA.
 (1) On the death of a male pensioner, pension shall, subject to this section, be paid to his widow as follows:
 (a) during her life—five‑eighths of a pension payable to her husband at the time of his death; and
 (b) in respect of each child of the widow who is an eligible child (other than a child born after the death of the pensioner unless the child is also the child of the pensioner), and in respect of each child of the pensioner who is an eligible child—a pension at the rate of $312 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑sixth of the rate at which pension payable under paragraph (a) is payable to the widow.
 (2) For the purposes of subsection (1), the pension payable to the widow of a male pensioner during her life shall, in any case where:
 (a) the male pensioner had commuted any portion of his pension;
 (b) the rate of the pension of the male pensioner had been reduced by virtue of subsection 42A(9);
 (c) an amount had been deducted from the last fortnightly instalment of the pension of the male pensioner under section 50;
be calculated upon the rate of pension that would have been payable to the male pensioner at the time of his death if no portion of his pension had been commuted, the rate of his pension had not been reduced or the amount had not been deducted from his pension, as the case may be.
 (3) If:
 (a) the male pensioner, at the time of his death, was in receipt of a pension, being invalidity benefit; and
 (b) CSC is satisfied that his death was due to:
 (i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or the physical or mental incapacity by reason of which the member was retired; or
 (ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);
pension shall be paid to his widow at the rate or rates at which, under section 55, pension is payable to the widow of a married member who was a contributor and died before retirement.
 (3A) If:
 (a) a male person who is entitled to invalidity benefit dies and, at the time of his death, he was classified as Class C under subsection 51(2) as