Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a person ( deceased person ) who was:
(a) entitled to a parliamentary allowance; or
(b) entitled to a retiring allowance, whether or not the retiring allowance was immediately payable;
dies leaving more than one spouse, the Trust must allocate any annuities or benefits payable to a spouse or any eligible children in respect of the deceased person under this Act among them.
(2) The Trust must have regard to:
(a) the respective needs of the spouses; and
(b) if there are any eligible children of the deceased person who are entitled to benefits under section 19AA--the respective needs of the children;
when making the allocation.
(2A) For the purposes of paragraph (2)(a), in determining the needs of a particular spouse, disregard any need that results from an election made by the spouse under section 19AAA.
(2B) For the purposes of paragraph (2)(b), in determining the needs of a child who is entitled to a benefit under section 19AA, disregard any need that results from an election made in relation to the child under section 19ABA.
(2C) The Trust must ensure that so much of an annuity as is commuted under section 19AAA or 19ABA is not allocated under this section.
(3) Subject to subsections (4) and (5), annuities or benefits are only payable to each spouse and eligible child (if any) in accordance with the allocation.
(4) The aggregate of the rates of the annuities and benefits payable under an allocation must not exceed five - sixths of the rate of the retiring allowances applicable to the deceased person.
(5) In subsection (4), the rate of the retiring allowance applicable to the deceased person means the rate of the retiring allowance that would have been applicable to the deceased person if he or she had not died and:
(a) if the deceased person died while entitled to a retiring allowance the rate of which was, at the time of the death, reduced under section 21 or 21B--the rate of retiring allowance to which the deceased person was entitled was not so reduced; and
(b) if the deceased person died while entitled to a parliamentary allowance--the deceased person ceased to be entitled to that allowance at the time of the death; and
(c) if the period of service of the deceased person was less than 8 years--the period of service of the deceased person was 8 years.
(6) This section has effect subject to sections 19AAA and 19ABA.