Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_136:p11
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 136 (pt 11/12)
Character Range: 555965–558545

to the person under subsection (2B) if that subsection applied at that time to the person; and
 (d) the amount of extra spouse's pension that would be payable to the spouse of the person under section 96B or 96BA if deferred benefits had not become applicable in respect of the person and the spouse were, at that time, entitled to extra spouse's pension under that section.
 (2E) Where:
 (a) at any time a deferred benefit by way of orphan benefit is payable in respect of a person other than a former eligible employee with benefits from previous employment; and
 (b) at that time, there is one, or more than one, child of the person who is a partially dependent child;
the amount of any pension or lump sum benefit constituting that benefit is such amount as is determined by CSC having regard to:
 (c) if a deferred benefit by way of a lump sum benefit is payable in accordance with section 99 or 101—the amount of the lump sum benefit that would be payable in respect of the eligible child or eligible children of the person under that section if deferred benefits had not become applicable in respect of the person and the eligible child or eligible children were entitled to lump sum benefit under that section; or
 (d) if a deferred benefit by way of orphan pension is payable in accordance with a provision of Division 4 of Part VI—the amount of orphan pension that would be payable in respect of the person under subsection (2B) if:
 (i) at that time that subsection applied to the person; and
 (ii) that subsection so applied subject to section 109A; and
 (iii) in its application in relation to that deferred benefit for the purposes of subparagraph (ii), section 109A had effect as if any reference in that section to orphan pension were a reference to that deferred benefit.
 (2F) Where a deferred benefit by way of spouse's benefit or orphan benefit is payable in respect of a former eligible employee with benefits from previous employment, the amount of any pension or lump sum benefit constituting that benefit is determined by CSC having regard to:
 (a) the amount of any pension or lump sum benefit that would be payable to the person under this section if the person was not a former eligible employee with benefits from previous employment; and
 (b) the amount of any transfer value paid by, or in respect of, the person to the Superannuation Board or the Commissioner for Superannuation under the superseded Act; and
 (c) the number of non‑contributory units (if any) that were, under the superseded Act, applicable in relation to the person on 30 June 1976