Document ID: chunk:federal_register_of_legislation:C2024C00866:section:45ur
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 45UR
Character Range: 599489–601308

45UR  Payment of bonus after death
 (1) This section sets out the only circumstances in which a pension bonus will be payable after the death of the person concerned.
Note: A person's surviving partner may be qualified for a pension bonus bereavement payment under Division 11A of this Part.

Later top up of pension bonus received before death
 (1A) If:
 (a) a person claims a pension bonus; and
 (b) the person dies; and
 (c) at the time of the person's death, the person had received the bonus; and
 (d) after the person's death, the Commission determines that the person's bonus is to be increased under section 45UIB or 45UIC;
the increase is payable to the legal personal representative of the person.

Claim granted before death
 (2) If:
 (a) a person claims a pension bonus; and
 (b) the person dies; and
 (c) at the time of the person's death, the claim had been granted, but the person had not received the bonus;
the bonus is payable to the legal personal representative of the person.

Claim not granted before death
 (3) If:
 (a) a person claims a pension bonus; and
 (b) the person dies; and
 (c) at the time of the person's death, the claim had not been determined;
then:
 (d) the Commission must determine the claim after the person's death as if the person had not died; and
 (e) if the claim is granted—the bonus is payable to the legal personal representative of the person.
 (4) If:
 (a) under paragraph (3)(d), the Commission is required to determine a claim for pension bonus after a person's death; and
 (b) at the time of the person's death, the person's claim for a designated pension had not been determined;
then, in determining the claim for pension bonus, this Part is modified as set out in the following table:

Modifications
Item           This provision:       Is modified in this way: