Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p5
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 5/34)
Character Range: 140266–143123

to or in respect of the child; or

    (b) in any other case—an amount per annum equal to the sum of:

        (i) the annual rate at which orphan pension would be payable under that provision if the deceased eligible employee or pensioner had no partially dependent child; and

        (ii) the amount per annum of the regular maintenance payments that the deceased eligible employee or pensioner was, at the time of his or her death, voluntarily making, or required by a court to make, to or in respect of his or her partially dependent child or children.

"(3) This section does not apply at any time when there are more than 3 eligible children of the deceased eligible employee or pensioner who are not partially dependent children.".

Eligible employee or retirement pensioner survived by more than one spouse

63. Section 110 of the Principal Act is amended:

    (a) by inserting in paragraph (7) (b) "or a partially dependent child" and "or partially dependent children" after "eligible child" and "eligible children" respectively;

    (b) by omitting from paragraph (8) (e) "an eligible child or eligible children" and substituting "a child or children";

    (c) by omitting from subsection (9) "eligible".

64. After section 110 of the Principal Act the following Part is inserted:

"PART VIa—PRODUCTIVITY SUPERANNUATION

Interpretation

"110a. In this Part, unless the contrary intention appears:

'Department' means:

    (a) a Department of State; or

    (b) a Department of the Parliament; or

    (c) a branch or part of the Australian Public Service in relation to which a person has, under an Act, the powers of, or exercisable

by, the Secretary of a Department of the Australian Public Service:

'designated employer', in relation to a productivity employee, means:

    (a) where the employee is a permanent employee or temporary employee, other than an employee employed by an approved authority:

       (i) if the remuneration in respect of his or her employment is paid wholly or principally out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or

       (ii) if the remuneration in respect of his or her employment is paid wholly or principally out of money appropriated by an Act other than an annual Appropriation Act—such Department as is determined by the Minister; or

    (b) where the employee is a holder of a statutory office:

       (i) if the remuneration in respect of that office is paid by an approved authority—that authority; or

       (ii) if subparagraph (i) does not apply—such Department or person as is determined by the Minister; or

    (c) where the employee is employed by an approved authority— that authority; or

    (d) in any other case—such person as is determined by the Minister;

'notional interim benefit', in relation to