Document ID: chunk:federal_register_of_legislation:F2011C00507:reg:136:p8
Version: federal_register_of_legislation:F2011C00507
Segment Type: reg
Provision Reference: reg 136 (pt 8/18)
Character Range: 35452–38359

of salary.
                 '(3) Where a spouse makes an election under subsection (1) and the deceased prescribed eligible employee had paid supplementary contributions, the spouse is entitled to payment of a lump sum benefit equal to the deceased prescribed eligible employee's accumulated supplementary contributions.
                 '206 (1) Subject to section 212, where:
                    (a) a prescribed eligible employee dies on or after attaining his maximum retiring age;
                    (b) his period of contributory service is not less than 1 year;
                    (c) he is not survived by a spouse but is survived by a person or persons who is or are his child or children, being a child who is, or children at least one of whom is, an eligible child; and
                    (d) the Commissioner is of the opinion that no other surviving child of the deceased prescribed eligible employee who is not an eligible child immediately after his death is likely to become an eligible child,
                 then, upon application in writing being made to the Commissioner not later than 3 months after the date of the prescribed eligible employee's death by or on behalf of the eligible child or eligible children, the Commissioner may, in his discretion, direct that, in lieu of benefit being payable in accordance with section 97 in respect of the eligible child or eligible children, a lump sum benefit be payable in accordance with subsection 209 (1) and, where the deceased prescribed eligible employee had paid supplementary contributions, an additional lump sum benefit be payable in accordance with subsection 209 (2).

                   '207 (1) Subject to section 212, where:
                    (a) a prescribed eligible employee dies before attaining his maximum retiring age;
                    (b) in the case of a prescribed eligible employee who was, at any time, an approved part-time employee — his or her period of prospective employment within the meaning of the Superannuation (Approved Part-time Employees) Regulations is not less than 8 years;
                    (ba) in any other case — his or her period of prospective service is not less than 8 years;
                    (c) there was not in force in respect of him immediately before his death a benefit classification certificate, or if such a certificate was in force in respect of him immediately before his death, the Commissioner is of the opinion that his death was not caused, and was not substantially contributed to, by a physical or mental condition or conditions specified in the certificate or by a physical or mental condition or conditions connected with such a condition or conditions;
                    (d) he is not survived by a spouse but is survived by a person or persons who is or are his child or children, being a child who is, or children at least one of whom is, an eligible