Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p4
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 4/34)
Character Range: 137796–140492

under Part VIa.".

Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service less than 8 years

61. Section 101 of the Principal Act is amended:

(a) by omitting from subsection (2) "Where" and substituting "Subject to subsection (3), where";

(b) by adding at the end the following subsection:

"(3) Where:

       (a) by virtue of subsection (1) a lump sum benefit is payable in respect of the child or children of a deceased eligible employee; and

       (b) that child, or each of those children, is a partially dependent child;

    there is payable in respect of the child or children a lump sum benefit of an amount determined by the Commissioner, being an amount that is:

       (c) not less than the amount of the deceased eligible employee's accumulated contributions; and

       (d) not more than the sum of the lump sum benefit referred to in subsection (2) and the productivity benefit payable in respect of the deceased eligible employee under Part VIa.".

62. After section 109 of the Principal Act the following section is inserted in Division 4 of Part VI:

Orphan pension—when there are partially dependent children

"109a. (1) Subject to subsection (3), if:

    (a) at any time when orphan pension is payable in accordance with a provision of this Division to or in respect of an eligible child or eligible children of a deceased eligible employee or pensioner, that child or any of those children is a partially dependent child; and

    (b) but for this section, that pension would be payable at an annual rate that exceeds the maximum permissible rate in relation to that pension, the annual rate of that pension is an amount per annum equal to the maximum permissible rate.

"(2) For the purposes of subsection (1), the maximum permissible rate, in relation to orphan pension payable in accordance with a provision of this Division to or in respect of an eligible child or eligible

children of a deceased eligible employee or pensioner who is, or any of whom is, a partially dependent child is:

    (a) where the pension is payable to or in respect of one eligible child and that child is a partially dependent child—an amount per annum equal to the amount per annum of the regular maintenance payments that the deceased eligible employee or pensioner was, at the time of his or her death, voluntarily making, or required by a court to make, to or in respect of the child; or

    (b) in any other case—an amount per annum equal to the sum of:

        (i) the annual rate at which orphan pension would be payable under that provision if the deceased eligible employee