Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p22
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 22/34)
Character Range: 182516–185094

respect of the person in accordance with section 105, the annual rate of that pension is the applicable percentage of the annual rate of the pension that was payable in accordance with paragraph (2) (a) to the person immediately before his or her death;

    (y) if a deferred benefit by way of orphan pension is payable in respect of the person in accordance with section 106, the annual rate of that pension is the applicable percentage of the annual rate of a pension that was payable to the person in accordance with paragraph (2) (d) or (f) (whichever was applicable) immediately before his or her death;

    (z) if a deferred benefit by way of orphan pension is payable in respect of the person in accordance with section 107, the annual rate of that pension is the applicable percentage of the annual rate of the pension that would be payable to the person in accordance with paragraph (2) (a) if he or she had not died but had continued to receive, and were receiving on the day on which his or her spouse died, the deferred benefit referred to in that paragraph;

    (za) if a deferred benefit by way of orphan pension is payable in respect of the person in accordance with section 108, the annual rate of that pension is the applicable percentage of the annual rate of pension that would be payable to the person in accordance with paragraph (2) (d) or (f) (whichever is applicable) if he or she had not died but had continued to receive, and were receiving on the day on which his or her spouse died, the deferred benefit referred to in that paragraph.

"(2c) Where:

    (a) a deferred benefit by way of spouse's additional pension is payable in respect of a person other than a former eligible employee with benefits from previous employment in accordance with subsection 91 (1); and

    (b) the amount of that pension is an amount calculated in accordance with subparagraph (2b) (g) (i);

there is also payable in respect of the person a deferred benefit by way of a lump sum benefit equal to the person's accumulated employer contributions.

"(2d) Where:

    (a) at any time a deferred benefit by way of spouse's 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 determined by the Commissioner having regard to;

    (c) the amount of pension or lump sum benefit that would be payable to the person