Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:184:p10
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 184 (pt 10/18)
Character Range: 72101–75070

relevant pension.
                      '(4) Where:
                      (a) a pensioner to whom age retirement pension or early retirement pension is payable dies and is survived by a spouse; and
                      (b) before becoming entitled to the pension, the pensioner was a prescribed eligible employee;
                     the annual rate of spouse's standard pension payable to the spouse of the deceased pensioner is an amount per annum equal to whichever is the greater of:
                      (c) the amount by which the annual rate of the spouse's standard pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:
                      (d) the amount per annum of the spouse's standard pension that would be payable to the spouse if the deceased pensioner had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) or a person who, immediately before the commencing day, was entitled to a relevant pension.
                      '(5) Where:
                      (a) a pensioner to whom invalidity pension is payable dies and is survived by a spouse; and
                      (b) before becoming entitled to that pension, the pensioner was a prescribed eligible employee;
                     the annual rate of a spouse's pension payable to the spouse of the deceased pensioner is:
                      (c) if the pensioner did not make an election under section 68 or 69 — an amount per annum equal to whichever is the greater of:
                      (i) the amount by which the annual rate of the pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:
                      (ii) the amount per annum of the spouse's pension that would be payable to the spouse if the deceased pensioner had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) or a person who, immediately before the commencing day, was entitled to a relevant pension; or
                      (d) if the pensioner made an election under section 68 — an amount per annum equal to whichever is the greater of:
                      (i) the amount by which the annual rate of the pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:
                      (ii) the amount per annum of the spouse's pension that would be payable to the spouse if the deceased pensioner had not been a prescribed eligible employee but had become on the commencing day an eligible