Document ID: chunk:federal_register_of_legislation:C2024C00825:section:48ab:p3
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 48AB (pt 3/3)
Character Range: 154543–156194

the rates of pension payable under this Act at that time in relation to the deceased contributor exceeding the rate of pension to which the deceased contributor would have been entitled under this Act at that time if he had not died but had, on the day immediately following the date of his death, become entitled to pension under section 38.
 (4) If a deceased pensioner died before 25 June 1993, the grant by the Commissioner, by virtue of subsection (1) or (1A), of a pension to or in respect of a person, in relation to that deceased pensioner, does not affect the entitlement of any other person to a pension under this Act that is payable otherwise than by virtue of grant of pension by virtue of subsection (1) or (1A), or the rate of such a pension.
 (4A) If a pensioner or contributor died before the day on which Schedule 1 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced:
 (a) the amendments of the Superannuation Act 1976 made by that Schedule do not apply in relation to any pension that, apart from this subsection, may be granted under this section in respect of the deceased pensioner or contributor; and
 (b) the Superannuation Act 1976 as in force immediately before the commencement of Schedule 1 continues to apply in relation to any pension granted or that may be granted under this section in respect of the deceased pensioner or contributor.
 (5) In this section, deceased pensioner means a person who at the time of his death was in receipt of a pension under section 43 or 45 or would have been in receipt of such a pension but for its suspension under section 64A or 65.