Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p13
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 32983–35676

the retirement pensioner immediately before his or her death.

  "(6) The applicable percentage mentioned in subsection (5) is:

    (a)     if there is one eligible child not in the custody, care and control of the spouse—45%; or

  (b)     if there are 2 such eligible children—80%; or

  (c)     if there are 3 such eligible children—90%; or

  (d)     if there are 4 or more such eligible children—100%.

"(7) Benefit attributed under subsection (4) to a partially dependent child or partially dependent children of the deceased person must not exceed in the aggregate the lesser of:

    (a)     the annual rate of the regular maintenance payments being made, or required to be made by order of a court, in relation to the child or children by the deceased person immediately before his or her death; or

    (b)     the maximum benefit that, under subsection (5), could be attributed to the child or children if the child or children were an eligible child or eligible children, as the case may be, of the deceased person not in the custody, care and control of the spouse.

"(8) The Commissioner must not determine that a part of spouse's additional pension, being such pension mentioned in sections 89 and 93, is attributable to a partially dependent child or partially dependent children.

"(9) Where the Commissioner makes a determination under subsection (4), the spouse may make any election under this Act in relation to the part of a benefit that, under the determination, is not attributable to a child or children (being a child or children not in the custody, care and control of the spouse) as if the part of the benefit were the whole of the benefit to which the spouse had become entitled.

"(10) Where a determination is made under subsection (4), the Commissioner, having regard to the respective needs of the persons mentioned in that subsection and to such other matters as the Commissioner considers relevant, may vary the determination from time to time.

"(11) A reference in subsection (2) to spouse's pension does not include a reference to spouse's additional pension mentioned in sections 89 and 93.

Eligible employee or retirement pensioner survived by more than one spouse

"110. (1) Where a person (in this section called the 'deceased person') who is an eligible employee or a retirement pensioner dies and is survived by more than one spouse, benefit is only payable under Division 1, 2, 3 or 3a in accordance with this section.

"(2) Subject to this section and section 110ab, benefit payable under Division 1, 2, 3 or 3a to those spouses is such benefit as would be payable in respect of the deceased person if the deceased person had had only one spouse