Document ID: chunk:federal_register_of_legislation:C2024C00825:section:46:p2
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 46 (pt 2/2)
Character Range: 142768–144071

of whom pension is payable under subsection (4) is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for the death of the widow or widower, would, by virtue of subsection (1), have been payable to the widow or widower or have been so payable but for subsection (2).
 (6) Where:
 (a) a female contributor dies before retirement leaving a widower who, in the opinion of the Board, was not wholly or substantially dependent upon the contributor immediately before her death; and
 (b) the present value, as determined by the Board, of any pension or pensions payable under subsection (3) on the death of the contributor in respect of any child or children, together with the value, as determined by the Board, of any pension or pensions that may, in the opinion of the Board, become payable in respect of that child or those children under subsection (4) on the death of the widower, is less than the contributions made by the contributor;
the amount of the difference shall be paid to the personal representatives of the contributor, or, if there are no such personal representatives, to such persons, if any, as the Board determines.
 (7) This section does not apply in respect of a contributor who, on or after 1 July 1976, dies before retirement.