Document ID: chunk:federal_register_of_legislation:C2024C00825:section:48aba:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 48ABA (pt 1/2)
Character Range: 156196–158818

48ABA  Deceased pensioner survived by more than one spouse
 (1) In this section:
eligible child, in relation to a deceased pensioner, includes a person who would, if the deceased pensioner had been a retirement pensioner for the purposes of the Superannuation Act 1976 immediately before his or her death, be an eligible child in relation to that retirement pensioner within the meaning of that Act.
spouse, in relation to a deceased pensioner, means:
 (a) a person who:
 (i) survives the deceased pensioner; and
 (ii) would, if the deceased pensioner had been a retirement pensioner for the purposes of the Superannuation Act 1976 immediately before his or her death, be a spouse in relation to that person within the meaning of that Act; or
 (b) a widow or widower of the deceased pensioner who is entitled to a pension under section 47.
 (2) If a deceased pensioner is survived by more than one spouse, a pension is only payable under section 47 or 48 (including under the section because of section 48AB) to a person in accordance with an allocation made under subsection (3).
 (3) The Commissioner must, subject to subsections (4), (5) and (6) of this section and subsection 48AB (3A), and having regard to:
 (a) the respective needs of the surviving spouses; and
 (b) the respective needs of any eligible child or eligible children of the deceased pensioner; and
 (c) such other matters as the Commissioner considers relevant;
allocate any pension payable under section 47 or 48 (including under the section because of section 48AB) among all the persons who are entitled to such a pension.
 (4) The amount of pension payable to each person must not exceed the applicable percentage of the annual rate of pension payable to the pensioner at the time of the pensioner's death.
 (5) For the purpose of subsection (4), the applicable percentage in relation to a pension payable to a spouse of the deceased pensioner, is:
 (a) if paragraph (b) does not apply:
 (i) if there are no eligible children of the deceased pensioner or the spouse who are in the custody, care and control of the spouse—67%; or
 (ii) if there is one such eligible child—78%; or
 (iii) if there are 2 such eligible children—89%; or
 (iv) if there are 3 or more such eligible children—100%; or
 (b) if the pensioner elected that section 26 should not apply to the pensioner:
 (i) if there are no eligible children of the deceased pensioner or the spouse who are in the custody, care and control of the spouse—54%; or
 (ii) if there is one such eligible child—65%; or
 (iii) if there are 2 such eligible children—76%; or
 (iv) if there are 3 or more