Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p17
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 42962–45642

is payable in accordance with an allocation made under subsection (3) or (10), the Commissioner, having regard to the respective needs of the persons mentioned in that subsection and to such other matters as the Commissioner considers relevant, may vary the allocation from time to time.

  "(14) Where:

    (a)     benefit is payable to the surviving spouses of a deceased person under subsection 81 (1) or (2); and

    (b)     the spouses are entitled under subsection (12) of this section to make an election under section 84 or 87; and

    (c)     one or more, but not all, of the surviving spouses make such an election;

then:

    (d)     unless the Commissioner otherwise directs, orphan pension is not payable in respect of a child (including an adopted child, an ex-nuptial child, a foster child, a step-child or a ward) of a spouse who makes such an election; and

    (e)     if orphan pension becomes payable in respect of a child or children of the deceased person, the rate of the pension is such rate as the Commissioner determines, being a rate equal to such rate as the Commissioner considers would have been the rate of pension payable to, or for the benefit of, that child or those children but for paragraph (d).

"(15) Orphan benefit is not payable under section 102, 103, 104, 107 or 108 in respect of the children of a deceased person until the death of the last of the surviving spouses entitled to pension under this section.

"(16) A reference in subsection (4) to spouse's pension does not include a reference to spouse's additional pension mentioned in sections 89 and 93.

Spouse's pension to be increased in certain circumstances

  "110ab. (1) If, at any time:

  (a) spouse's pension is payable:

         (i) to the spouse of a deceased eligible employee under section 82, 83, 85, 86 or 90; or

         (ii) to the spouse of a deceased pensioner under section 94 or 96; and

    (b)     the sum of the spouse's pension and extra spouse's pension (if any) is less than the annual rate of the pension by reference to which the rate of spouse's pension is calculated under whichever is applicable of section 82, 83, 85, 86, 90, 94 or 96 (in this section called the 'base amount'); and

    (c)     there is more than one spouse of the deceased eligible employee or pensioner;

the spouse's pension is increased under this section.

  "(2) The increase in the annual rate of spouse's pension is:

  (a)     the applicable percentage of the base amount; or

    (b)     the amount by which the base amount exceeds the sum of the spouse's pension and the extra spouse's pension;

whichever is less.

"(3) Where, at any time, the spouse's pension is