Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p20
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 47353–49963

more, but not all, of the surviving spouses make such an election,
then—
     (d) unless the Commissioner otherwise directs, orphan pension is not payable in respect of a child (including an adopted child, an ex-nuptial child, a foster child, a step child or a ward) of a spouse who makes such an election; and
     (e) if orphan pension becomes payable in respect of an eligible child or eligible children of the deceased person, the rate of the pension shall be such rate as the Commissioner determines, being a rate equal to such rate as the Commissioner considers would have been the rate of pension payable to, or for the benefit of, that child or those children but for paragraph (d).

"(9) Orphan benefit is not payable under section 102, 103, 104, 107 or 108 in respect of the eligible children of a deceased person until the death of the last of the surviving spouses entitled to pension in accordance with this section.

"(10) Where the deceased person was, immediately before his death, an eligible employee or a person to whom deferred benefits were applicable by virtue of Division 3 of Part IX, section 112 (other than sub-section (2) ) does not apply in relation to the payment of benefit in respect of the deceased person under Division 1, 2 or 3 of this Part, but there shall, if the Commissioner so directs, be paid out of the Superannuation Fund into the Consolidated Revenue, Fund an amount equal to so much of the accumulated contributions of the deceased person as the Commissioner determines.

Payment of accumulated contributions where no other benefit payable, &c.
43. Section 111 of the Principal Act is amended—
     (a) by omitting from sub-section (2 ) "(excluding, if he is a person who at any time ceased to be an eligible employee otherwise than by reason of having been retired on the ground of invalidity, any benefit or benefits paid to him before he so ceased)" and substituting "(other than any benefit or benefits, or a part of any benefit or benefits, that, by virtue of sub-section (4), (5) or (6), is or are to be excluded from consideration for the purposes of this sub-section)";
     (b) by inserting in sub-section (2) "or, if the person had ceased to be an eligible employee on more than one occasion, as at the time when he last ceased to be an eligible employee" after "eligible employee" (last occurring);
     (c) by inserting in sub-section (2) "the person, or, if the person has died, to" after "paid to" (last occurring); and
     (d) by adding at the end thereof the following sub-sections:
     "(4) Where a person ceased to be an eligible employee on an