Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_120
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 120
Character Range: 58619–60210

120  Subsections 94(1) and (2)
Repeal the subsections, substitute:

 (1) If, at any time, the spouse of a category 1 deceased pensioner is entitled to spouse's standard pension under paragraph 93(1)(a), then, subject to subsection (2A), the annual rate of that pension is:
 (a) if at that time there are no children of the pensioner who are eligible children—67% of the annual rate (pensioner rate) at which standard age retirement pension or standard early retirement pension (as the case may be) was payable to the pensioner immediately before his or her death; or
 (b) if at that time only one child of the pensioner is an eligible child—78% of the pensioner rate; or
 (c) if at that time 2 children of the pensioner are eligible children—89% of the pensioner rate; or
 (d) if at that time 3 or more children of the pensioner are eligible children—100% of the pensioner rate.

 (2) If, at any time, the spouse of a category 2 deceased pensioner is entitled to spouse's standard pension under paragraph 93(1)(a), then, subject to subsection (2A), the annual rate of that pension is:
 (a) if at that time there are no children of the pensioner who are eligible children—85% of the annual rate (pensioner rate) at which standard age retirement pension or standard early retirement pension (as the case may be) was payable to the pensioner immediately before his or her death; or
 (b) if at that time only one child of the pensioner is an eligible child—97% of the pensioner rate; or
 (c) if at that time 2 or more children of the pensioner are eligible children—108% of the pensioner rate.