Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p7
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 7/83)
Character Range: 416104–418912

payable if there was no reduction in reversionary pension;

Relevant Period is whichever is relevant of:
                     the length of the marital or couple relationship, in days; or
                     the length that the child had been a child of the deceased pensioner, in days.
9.3.13 A spouse, an eligible child or a partially dependent child whose reversionary pension is reduced under Rule 9.3.11 may choose to convert the whole of that pension to a lump sum if:
         (a) the pension is less than the rate determined by CSC for the purposes of this Rule; and
         (b) the choice is made within the period commencing three months before the date the pension becomes payable and ending three months after the date the pension becomes payable, or such further period as CSC allows.
The amount of the lump sum will be the amount determined by CSC, after considering actuarial advice, to be the capital value of the pension payable in relation to the spouse, eligible child or partially dependent child.

Division 4

Apportioning pensions
9.4.1 CSC will apportion a reversionary pension between any:
    (a) spouse, with or without eligible children; and
    (b) other spouse, with or without eligible children; and
    (c) eligible child who does not ordinarily live with a spouse; and
          (d) eligible children who do not ordinarily live with a spouse, but who ordinarily live together; and
    (e) partially dependent child or children.
The pension payable to any one spouse, eligible child or partially dependent child shall not exceed the amount that would have been payable if he/she was the sole such beneficiary and, in the case of the spouse of a deceased pensioner, the first seven pension paydays after the death of the pensioner had passed.
Note:  In the case of a partially dependent child, the effect of this rule is to limit the maximum annual pension to the annual amount of any regular maintenance payments paid, or required by a Court to be paid,  by the deceased member or deceased pensioner immediately before his or her death in respect of that child.

Re‑apportioning pensions in special circumstances
9.4.2 CSC may re‑apportion any reversionary pension between two or more beneficiaries where it considers special circumstances warrant such a change.
9.4.3 When apportioning a reversionary pension under Rule 9.4.1, or re‑apportioning a reversionary pension under Rule 9.4.2, CSC must:
         (a) disregard any reduction in pension that results from an election under Rules 15.2.1 or 15.3.1; and
         (b) not apportion, or re‑apportion, among other beneficiaries so much of any pension that is commuted under Part 15 of the Rules.

Division 5

Adjusting spouse's pension when a child ceases to be eligible
9.5.1 The pension payable to a spouse who has an