Document ID: chunk:federal_register_of_legislation:C2024C00825:section:48aba:p2
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 48ABA (pt 2/2)
Character Range: 158610–160517

or the spouse who are in the custody, care and control of the spouse—54%; or
 (ii) if there is one such eligible child—65%; or
 (iii) if there are 2 such eligible children—76%; or
 (iv) if there are 3 or more such eligible children—87%.
 (6) For the purpose of subsection (4), the applicable percentage in relation to a pension payable to each eligible child of the deceased pensioner who is not in the custody, care and control of a spouse of the deceased pensioner is:
 (a) if there is only one such eligible child—45%; or
 (b) if there are 2 such eligible children—40%; or
 (c) if there are 3 such eligible children—30%; or
 (d) if there are 4 or more such eligible children—100% divided by the number of the children.
 (7) If:
 (a) the Commissioner allocates pensions payable in respect of a deceased pensioner under subsection (3); and
 (b) there is an eligible child or there are eligible children of the deceased pensioner (whether or not in the custody, care and control of any of the surviving spouses);
the Commissioner must determine the part of the pensions that is attributable to each eligible child.
 (8) If a pension is payable in accordance with an allocation under this section, the Commissioner may, having regard to:
 (a) the respective needs of each person to whom the allocation relates; and
 (b) such other matters as the Commissioner considers relevant;
vary that allocation from time to time.
 (9) For the purposes of applying the definitions of eligible child and spouse in subsection (1) in relation to a deceased pensioner who died before the day on which Schedule 1 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced:
 (a) the amendments of the Superannuation Act 1976 made by that Schedule do not apply; and
 (b) the Superannuation Act 1976 as in force immediately before the commencement of that Schedule continues to apply.