Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p14
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 35463–38239

to this section and section 110ab, benefit payable under Division 1, 2, 3 or 3a to those spouses is such benefit as would be payable in respect of the deceased person if the deceased person had had only one spouse who survived him or her.

  "(3) The Commissioner must, having regard to:

  (a)     the respective needs of the surviving spouses; and

    (b)     the respective needs of any eligible child or eligible children, or any partially dependent child or partially dependent children, of the deceased person; and

(c) such other matters as the Commissioner considers relevant; allocate any benefit payable in respect of the deceased person under Division 1, 2, 3 or 3a (other than a benefit payable in accordance with section 91) among those spouses, subject to the limitations set out in subsections (4) and (5), and benefit is payable accordingly.

"(4) The amount of spouse's pension payable to a spouse must not exceed:

    (a) if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the

     invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or

    (b)     if the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension under that section; or

    (c)     if the deceased person was, immediately before his or her death, a retirement pensioner—the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.

  "(5) The applicable percentage mentioned in subsection (4) is:

     (a)      if there are no eligible children of the deceased person in the custody, care and control of the spouse—67%; or

  (b)     if there is one such eligible child—78%; or

  (c)      if there are 2 such eligible children—89%; or

  (d)     if there are 3 or more such eligible children—100%.

"(6) Where, under subsection (3), the Commissioner allocates a benefit payable in respect of a deceased person and there is an eligible child or eligible children, or a partially dependent child or partially dependent children, of the deceased person, the Commissioner must determine