Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p13
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 13/34)
Character Range: 160523–163465

and substituting "to the person, less an amount equal to the sum of:

        (c) the amount of the person's accumulated supplementary contributions upon that deferred benefit becoming payable to the person; and

        (d) the amount of the person's Fund accumulated employer contributions upon that deferred benefit becoming payable to the person;

    must be paid to the Superannuation Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.";

    (e) by inserting in subsection (10) "and Fund accumulated employer contributions" after "contributions".

Payment of part of spouse's pension etc. attributable to children

67. Section 114 of the Principal Act is amended:

    (a) by omitting from subsection (1) all words to and including "should," and substituting the following words and paragraphs: "Where, in the opinion of the Commissioner, payment of:

(a) the part, or any portion of the part, of an instalment of

       spouse's pension attributable to an eligible child or eligible children or to an eligible child or eligible children and a partially dependent child or partially dependent children; or

       (b) an instalment, or any portion of an instalment, of extra spouse's pension attributable to a partially dependent child or partially dependent children or to an eligible child or eligible children and a partially dependent child or partially dependent children;

should,";

     (b) by omitting from subsection (2) "spouse's pension attributable to an eligible child" and substituting "pension";

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

    "(3) For the purposes of this section, where there is one, or more than one, child of a deceased eligible employee or pensioner who is a partially dependent child:

       (a) the part (if any) of an instalment of spouse's pension that, but for this subsection, would be attributable to an eligible child or eligible children of the deceased eligible employee or pensioner is taken to be attributable to that eligible child or those eligible children and the partially dependent child or partially dependent children; and

       (b) an instalment of extra spouse's pension is taken to be attributable to the eligible child or eligible children (if any) of the deceased eligible employee or pensioner and the partially dependent child or partially dependent children.".

Payment of orphan benefit

68. Section 115 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

"(4) In this section:

'eligible child' has the same meaning as in Division 4 of Part VI;

'orphan benefit' means orphan pension or a lump sum benefit payable under Division 4 of Part VI.".

Persons to whom Part applies

69. Section 120 of the Principal Act is amended by omitting "1 month" and substituting "6 months".

Interpretation

70. Section 125 of the Principal Act is amended by omitting from subsection (1)