Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_93
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 93
Character Range: 46997–48843

93  After subsection 110(7)
Insert:

 (7A) If:
 (a) the deceased person:
 (i) was, immediately before his or her death, a retirement pensioner; and
 (ii) had had a late short‑term marital relationship; and
 (b) one or more than one eligible child of the pensioner:
 (i) was born of that marital relationship; or
 (ii) became a stepchild of the pensioner as a result of that marital relationship; or
 (iii) is a child of the person with whom the pensioner had that marital relationship; and
 (c) that child or any of those children is not in the custody, care and control of any of the surviving spouses;
the following provisions apply:
 (d) benefit attributed under subsection (6) to that child or to each of those children should be less than the amount of benefit that would be attributed to him or her if he or she were an eligible child other than a child referred to in paragraph (b);
 (e) benefit attributed under subsection (6) to the eligible child or eligible children of the deceased person not in the custody, care and control of any of the surviving spouses must not exceed in the aggregate such proportion of the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death as is determined by the Board.

 (7B) In making a determination under subsection (6) as affected by paragraph (7A)(d) or under paragraph (7A)(e), the Board must take into consideration:
 (a) the extent to which spouse's pension payable to the spouse of a deceased pensioner under Division 3 is reduced when the spouse and the deceased pensioner have been in a marital relationship of the kind referred to in paragraph (7A)(a); and
 (b) whether the eligible child or any of the eligible children not in the custody of any surviving spouse was or was not a child referred to in paragraph (7A)(b).