Document ID: chunk:federal_register_of_legislation:F2011C00507:reg:136:p10
Version: federal_register_of_legislation:F2011C00507
Segment Type: reg
Provision Reference: reg 136 (pt 10/18)
Character Range: 40744–43669

date of the prescribed eligible employee's death by or on behalf of the eligible child or eligible children, the Commissioner may, in his discretion, direct that, in lieu of benefit being payable in accordance with section 100 in respect of the eligible child or eligible children, a lump sum benefit be payable in accordance with subsection 209 (1) and, where the deceased prescribed deceased eligible employee had paid supplementary contributions, an additional lump sum benefit be payable in accordance with subsection 209 (2).

                 '209 (1) Where the Commissioner gives a direction under section 206, 207 or 208 in relation to an eligible child or eligible children of a prescribed eligible employee, there is payable in respect of the eligible child or eligible children a lump sum benefit of an amount equal to whichever is the greatest of:
                    (a) 3 times the deceased prescribed eligible employee's accumulated basic contributions; or
                    (b) in the case of a direction in respect of a deceased prescribed eligible employee who was, at any time, an approved part-time employee — the adjusted final salary amount, calculated in accordance with subsection 196 (2); or
                    (c) in the case of a direction in respect of any other deceased prescribed eligible employee — one half of the amount per annum of the deceased prescribed eligible employee's final annual rate of salary.
                 '(2) Where the Commissioner gives a direction under section 206, 207 or 208 in relation to an eligible child or eligible children of a deceased prescribed eligible employee who had paid supplementary contributions, there is payable in respect of the eligible child or eligible children a lump sum benefit of an amount equal to the accumulated supplementary contributions of the deceased prescribed eligible employee.
                    '210 (1) Subject to section 212, where:
                    (a) a person ceases to be a prescribed eligible employee by reason of death;
                    (b) the person is survived by a spouse or, if he is not survived by a spouse, by a person or persons who is or are his child or children, being a child who is, or children at least one of whom is, an eligible child; and
                    (c) benefit is not payable in relation to the person under Part VI or under section 204, 205 or 209,
                    then, a lump sum benefit payable in accordance with subsection (2) and, where the deceased prescribed eligible employee had paid supplementary contributions, an additional lump sum benefit payable in accordance with subsection (3), shall be paid:
                    (d) where the deceased prescribed eligible employee is survived by a spouse — to the spouse; or
                    (e) where the deceased prescribed eligible employee is not survived by a spouse but is survived by a child who is, or children