Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p8
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 16580–19191

respect of a contributor who, on or after 1 July 1976, dies before retirement".

Pension to spouse and children on death of pensioner
26. Section 47 of the Principal Act is amended by omitting from sub-section (1) the words "until she or he dies or remarries".

Pension to orphans on death of contributor or pensioner
27. Section 48 of the Principal Act is amended by adding at the end thereof the following sub-section: —

"(5) This section does not apply in respect of a contributor who dies on or after 1 July 1976".

Restoration of widow's or widower's pension previously cancelled on remarriage.
28. (1) After section 48 of the Principal Act the following sections are inserted: —

"48aa. (1) Where—
    (a) a widow's or widower's entitlement to pension under sub-section (1) of section 46, or sub-section (1) of section 47, of this Act has ceased, before 1 July 1976, upon her or his remarriage; and
    (b) the widow or widower makes application to the Commissioner for Superannuation for the restoration of the pension and the Commissioner is satisfied that the widow or widower is in necessitous circumstances or that the restoration of the pension is otherwise warranted,

the Commissioner may direct that the widow's or widower's entitlement to pension be restored with effect from such date as the Commissioner specifies and, upon such a direction being given, the widow or widower again becomes entitled to pension from that date at a rate determined by the Commissioner (being a rate that does not exceed the rate at which the pension would have been payable if the entitlement had not ceased).

"(2) The date specified by the Commissioner under sub-section (1) of this section in relation to the restoring of a widow's or widower's entitlement to pension shall not, unless the Commissioner is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than 1 July 1976.

"(3) A direction by the Commissioner under this section shall be in writing.

Special grants of pension.
"48ab. (1) If, at any time after the commencement of the Superannuation Act 1976, a pension is not payable under section 47 or 48 of this Act to or in respect of a person to or in respect of whom pension would be payable at that time under Part VI of the Superannuation Act 1976 if a deceased pensioner (including a pensioner who died before the commencement of the Superannuation Act 1976) would have been in receipt of a pension at the time of his death under section 55 or 66 of that Act