Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p11
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 24656–27252

of this Act, to have exercised that option immediately before her or his death or re-marriage by electing to be paid the amount ascertained in accordance with paragraph (b) of that sub-section.
"(5) Where—
    (a) a widow or widower who has an option under sub-section (2) exercises that option by electing to be paid an annuity in accord­ance with paragraph (a) of that sub-section; and

    (b) the widow or widower re-marries, there is payable to the widow or widower the amount, if any, by which the amount ascertained in accordance with paragraph (b) of sub-section (2) exceeds the amount of annuity, if any, received by, or accrued due to, the widow or widower before her or his re-marriage.
"(6) If the deceased person is not survived by a widow or widower to whom an annuity or other benefit is payable under this section, there is payable to the personal representative of the deceased person the sum of the contributions paid by the deceased person and the Commonwealth supplement in relation to the deceased person, less the amount of retiring allowance, if any, received by, or accrued due to, the deceased person before the death of that person.
"(7) Where a deceased person who was entitled to a retiring allowance at the time of his or her death is survived by a widow or widower who married that person—
    (a) after that person became entitled to that retiring allowance, whether or not the retiring allowance was payable at the time of the marriage;
    (b) after that person attained the age of sixty years; and
    (c) less than five years before that person died,
that widow or widower is not entitled to an annuity or other benefit on the death of that person.

Benefits in respect of orphaned children.
"19aa. (1) In the cases specified in this section, benefits for the care and maintenance of eligible children are payable in such manner and subject to such conditions as the Trust determines.
"(2) Where—
    (a) a widow or widower dies—
(i) while entitled to a parliamentary allowance; or
(ii) while entitled to a retiring allowance under section 18;
    (b) a person dies while entitled to a retiring allowance under section 18 being a person who, but for re-marriage after becoming entitled to that retiring allowance to a person who is not entitled to an annuity under section 19, would have been a widow or widower; or
    (c) a widow or widower who has an option under sub-section (2) of section 19 dies without having exercised that option,
and is survived by a child who is a dependent child of the deceased person and is an eligible child but is not (in a case