Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4 (pt 1/3)
Character Range: 355585–358236

4                      If there are 3 or more eligible children of the deceased person in the custody, care and control of the spouse  100%                108%

 (3B) If the deceased person:
 (a) was, immediately before his or her death, a retirement pensioner; and
 (b) had had a late short‑term marital or couple relationship with his or her spouse;
the amount of the spouse's pension payable to the spouse must not exceed such percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death as is determined by CSC.
 (3C) In making a determination under subsection (3B), CSC must take into consideration:
 (a) the extent to which spouse's pension payable to the spouse of a deceased pensioner under Division 3 is reduced when the spouse and the deceased pensioner have been in a marital or couple relationship of the kind referred to in paragraph (3B)(b); and
 (b) whether one or more than one eligible child, or one or more than one partially dependent child, of the pensioner is or is not a child of the pensioner because of the late short‑term marital or couple relationship referred to in paragraph (3B)(b).
 (4) CSC must, having regard to:
 (a) the needs of the spouse; and
 (b) the respective needs of any eligible child or eligible children, or any partially dependent child or partially dependent children, of the deceased person; and
 (c) such other matters as CSC considers relevant;
subject to the limitations set out in subsections (5), (5A) and (7), determine the part of a benefit to which the spouse is entitled under Division 1, 2, 3 or 3A that is attributable to each such child.
 (5) Benefit attributed under subsection (4) to an eligible child or eligible children of the deceased person not in the custody, care and control of the spouse must not exceed in the aggregate:
 (a) if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or
 (b) if the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on