Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_123
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 123
Character Range: 61636–62352

123  Subsection 95(2)
Repeal the subsection, substitute:

 (2) Despite subsections (1), (1A) and (1B), if:
 (a) the pensioner did not make an election under section 64; and
 (b) on any of the 7 pension pay days immediately following the death of the pensioner, spouse's additional pension would, apart from this subsection, be payable to the spouse of the deceased person at a rate that is less than the rate (pensioner rate) at which additional age retirement pension or additional early retirement pension (as the case may be) would be payable to the deceased pensioner on that day if he or she had not died;
spouse's additional pension is payable to the spouse on that day at a rate equal to the pensioner rate.