Document ID: chunk:federal_register_of_legislation:C2024C00825:section:48ab:p2
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 48AB (pt 2/3)
Character Range: 152127–154766

in writing.
 (2) Where, at any time before the commencement of the Superannuation Act 1976, pension has been payable under subsection (1) of section 47 of this Act to the widow or widower of a deceased pensioner, the Commissioner for Superannuation shall not, by virtue of subsection (1) of this section, grant a pension under subsection (1) of section 47 of this Act to any other person.
 (3) Where the deceased pensioner referred to in subsection (1) died before 1 July 1976, the Commissioner shall not grant a pension under subsection (1) of this section to a person who, if the Superannuation Act 1976 had come into force before that deceased pensioner had died, would, at the time of the deceased pensioner's death, have been a spouse of the deceased pensioner for the purposes of that Act, unless the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as the Commissioner considers relevant, is satisfied that the person is in necessitous circumstances or that the granting of the pension is otherwise warranted.
 (3AA) If a pensioner or contributor died before 25 June 1993:
 (a) the amendments of the Superannuation Act 1976 (the 1976 Act) and this Act made by the Commonwealth Superannuation Schemes Amendment Act 1992 do not apply in relation to any pension that may be granted, apart from this subsection, under this section in respect of the deceased pensioner or contributor; and
 (b) the 1976 Act and this Act, as in force immediately before 25 June 1993, continue to apply in relation to any pension granted or that may be granted under this section in respect of the deceased pensioner or contributor.
 (3A) The Commissioner shall not grant a pension under subsection (1) in relation to a deceased pensioner if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased pensioner exceeding the rate of pension to which the deceased pensioner would have been entitled under this Act at that time if he had not died.
 (3B) The Commissioner shall not grant a pension under subsection (1A) in relation to a deceased contributor if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of 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