Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p18
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 18/34)
Character Range: 173078–175654

paid by the person in respect of those units if they had been contributory units of pension in respect of which the person had contributed at rates based on a retiring age of 65; and

    (d) the amount of any transfer value paid by, or in respect of, the person to the Commissioner under this Act.

"(2b) Where a deferred benefit by way of spouse's benefit or orphan benefit is payable in respect of a person other than a former eligible employee with benefits from previous employment and no child of the person is a partially dependent child, the amount of the benefit is calculated in accordance with the following provisions:

    (a) if a deferred benefit by way of spouse's pension is payable in respect of the person in accordance with section 82 or 85, the annual rate of that pension is the applicable percentage of the annual rate of the pension to which the person would have been entitled under paragraph (2) (d) if he or she had not died but had, on the day immediately following his or her death, become entitled to the deferred benefit referred to in that paragraph;

    (b) if a deferred benefit by way of a lump sum benefit is payable in respect of the person in accordance with section 82 or 85, the lump sum benefit is an amount equal to the sum of the person's accumulated employer contributions (if any) and the person's accumulated supplementary contributions;

    (c) if a deferred benefit by way of spouse's pension is payable in respect of the person in accordance with section 83 or 86, the annual rate of that pension is the applicable percentage of the annual rate of the pension that would be payable to the person under paragraph (2) (f) if he or she had not died but had, on the day immediately following his or her death, become entitled to the deferred benefit referred to in that paragraph;

    (d) if a deferred benefit by way of a lump sum benefit is payable in respect of the person in accordance with section 83 or 86,

    the lump sum benefit is an amount equal to the sum of the person's accumulated contributions and the person's accumulated employer contributions (if any);

    (e) if a deferred benefit by way of a lump sum benefit is payable in respect of the person in accordance with section 84, 87 or 88, the lump sum benefit is an amount equal to the sum of:

(i) 31/2 times the person's accumulated basic contributions; and

(ii) the person's accumulated employer contributions (if any); and

(iii) the person's accumulated supplementary contributions (if any);

    (f) if a deferred benefit by way of spouse's standard