Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p29
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 29/48)
Character Range: 100866–103531

benefit were the amount which his or her spouse elected under paragraph (2) (b) to convert into a pension.
Division 2—Death of Retirement Pensioner
Applicability of benefits
41. Where a retirement pensioner dies and is survived by a spouse or spouses or an eligible child or children, benefits are payable in accordance with this Division.
Pensions payable
42. (1) Where a deceased retirement pensioner is survived by a spouse with or without eligible children, a pension is payable to the spouse at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased retirement pensioner's pension.
(2) In spite of subrule (1), on each of the 7 pension paydays immediately following the death of a retirement pensioner referred to in that subrule, the rate at which pension is payable to the spouse of the deceased retirement pensioner is the rate at which pension would have been payable to the deceased retirement pensioner on that day if he or she had not died.
(3) Where a deceased retirement pensioner is not survived by a spouse but is survived by an eligible child or children, a pension is payable to, or for the benefit of, the child or children at an annual rate equal to the relevant percentage in Table 2 in Schedule 4 of the deceased retirement pensioner's pension.
(4) In this rule:
"deceased retirement pensioner's pension", in relation to a deceased retirement pensioner, means the pension that was payable to the deceased retirement pensioner immediately before his or her death.
Final benefit payable in relation to deceased retirement pensioner
43. (1) Where a retirement pensioner dies not later than 10 years after his or her pension became payable to him or her and he or she is not survived by a spouse or eligible child to whom, or for the benefit of whom, benefits are payable under this Division, there is payable to the deceased retirement pensioner's personal representative as a lump sum an amount equal to:
     (a) where the deceased retirement pensioner was an invalidity pensioner:
          (i) the amount (if any) by which the deceased invalidity pensioner's employer benefit exceeds the amount of pension paid to the deceased invalidity pensioner since he or she last ceased to be a member; or
          (ii) the amount of pension which would have been paid to the invalidity pensioner (if he or she had not died) from the date of his or her death until the expiration of a period of 10 years after the invalidity pensioner's pension became payable to him or her;
      whichever is the less; or
     (b) in any other case—the amount (if any) by which so much of the deceased retirement pensioner's employer