Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p10
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 10/18)
Character Range: 65347–68389

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).
                         (5A) In spite of subsections (4) and (5), on each of the 7 pension pay days immediately following the death of a pensioner referred to in subsection 93 (1) or (2) spouse's pension is payable at the rate at which pension would have been payable on those days if the pensioner had survived.
                         (6) For the purpose of the application in relation to a prescribed eligible employee of a formula in this section:
                         A is the aggregate of the number of units of pension for which the prescribed eligible employee was a contributor under the superseded Act on 30 June 1976 and the number of non-contributory units of pension applicable in relation to the prescribed eligible employee under that Act on that date; and
                         B is:
                           (a) where the prescribed eligible employee was or had been an approved part-time employee:
                              (i) if that part of the prescribed eligible employee's period of employment, within the meaning of subsection 3 (1) as modified by the Superannuation (Approved Part-time Employees) Regulations, that commenced on the commencing day consists exactly of a number of complete years — the number of complete years included in that period; or
                              (ii) if that period of employment consists of a number of complete years and a part of a year — the sum of:
                                  (A) the number of complete years included in that period; and
                                  (B) the number of days in that part of a year divided by 365; or
                           (b) in any other case:
                              (i) if that part of the prescribed eligible employee's period of contributory service commencing on the commencing day consists exactly of a number of complete years — the number of complete years included in that period; or
                              (ii) if that period of contributory service consists of a number of complete years and a part of a year — the sum of:
                                  (A) the number of complete years included in that period; and
                                  (B) the number of days in that part of a year divided by 365.
                         216. Sections 217 and 218 apply to a prescribed person who was, immediately before the commencing day, contributing under the superseded Act for units of pension at rates based on a retiring age of 60 years.
                         217. (1) Where a