Document ID: chunk:federal_register_of_legislation:C2022C00264:section:110:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 110 (pt 1/2)
Character Range: 363233–365887

110  Eligible employee or retirement pensioner survived by more than one spouse
 (1) Where a person (in this section called the deceased person) who is an eligible employee or a retirement pensioner dies and is survived by more than one spouse, benefit is only payable under Division 1, 2, 3 or 3A in accordance with this section.
 (2) Subject to this section and section 110AB, benefit payable under Division 1, 2, 3 or 3A to those spouses is such benefit as would be payable in respect of the deceased person if the deceased person had had only one spouse who survived him or her.
 (3) CSC must, having regard to:
 (a) the respective needs of the surviving spouses; and
 (b) the respective needs of any eligible child or eligible children, or any partially dependent child or partially dependent children, of the deceased person; and
 (c) such other matters as CSC considers relevant;
allocate any benefit payable in respect of the deceased person under Division 1, 2, 3 or 3A (other than a benefit payable in accordance with section 91) among those spouses, subject to the limitations set out in subsections (4) and (5), and benefit is payable accordingly.
 (4) The amount of spouse's pension payable to a spouse must not exceed:
 (a) if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or
 (b) if the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension under that section; or
 (c) if the deceased person was, immediately before his or her death, a retirement pensioner and had had a marital or couple relationship with the spouse that had begun:
 (i) before the retirement pensioner had become a retirement pensioner; or
 (ii) before the retirement pensioner had turned 60; or
 (iii) not less than 3 years before the pensioner's death;
  —the applicable percentage of the annual rate of pension payable to the retirement pensioner before his or her death;