Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p8
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 8/18)
Character Range: 59867–62813

eligible employee in subsection 3 (1), who:
                           (a) immediately before the commencing day, was a contributor to the existing Fund under Part III of the superseded Act; and
                           (b) elected under subsection 26 (3) of the superseded Act that section 26 of that Act should not apply to him.
                         (2) Where the spouse of a deceased prescribed eligible employee is entitled to spouse's benefit by virtue of subsection 81 (1), the annual rate of spouse's pension to which the spouse is entitled is:
                           (a) if the spouse does not make an election under section 83 or 84 — an amount per annum equal to whichever is the greater of:
                              (i) the amount by which the annual rate of the pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:

                              (ii) the amount per annum of the spouse's pension that would be payable to the spouse if the deceased prescribed eligible employee had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1); or
                           (b) if the spouse makes an election under section 83 — an amount per annum equal to whichever is the greater of:
                              (i) the amount by which the annual rate of the pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:

                              (ii) the amount per annum of the spouse's pension that would be payable to the spouse if the deceased prescribed eligible employee had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1).
                         (3) Where the spouse of a deceased prescribed eligible employee is entitled to spouse's standard pension by virtue of section 89, the annual rate of that pension is an amount per annum equal to whichever is the greater of:
                           (a) the amount by which the annual rate of the spouse's standard pension to which, but for this subsection, the spouse would have been entitled exceeds an amount in dollars ascertained in accordance with the formula:

                           (b) the amount per annum of the spouse's standard pension that would be payable to the spouse if the deceased prescribed eligible employee had not been a prescribed eligible employee but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in