Document ID: chunk:federal_register_of_legislation:C2017A00117:clause:4_35
Version: federal_register_of_legislation:C2017A00117
Segment Type: clause
Provision Reference: sch 4 cl 35
Character Range: 57791–58998

35  At the end of section 41
Add:

Effect of death of surviving spouse
 (4) If CSC makes a determination under subsection (2) in relation to a surviving spouse and one or more eligible children mentioned in paragraph (1)(a), and the surviving spouse dies:
 (a) a pension payable under the determination as mentioned in paragraph (2)(a) ceases to be payable to the extent that it is payable for the welfare of any of those eligible children who were wholly or substantially dependent on the spouse immediately before the spouse died; and
 (b) a pension payable under the determination is not otherwise affected by the death of the spouse; and
 (c) if the sum of:
 (i) the rate of any pension payable under the determination after the death of the spouse; and
 (ii) the rate of any pension (the dependants' pension) payable to or for one or more eligible children because of the death of the surviving spouse;
  would otherwise exceed the maximum rate of the pension that could be payable because of the death of the surviving spouse (i.e. the rate that would be payable if the maximum eligible children pension percentage applied)—the rate of the dependants' pension is reduced by the amount of the excess.