Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 108A

  (1)   This section applies to the eligible child or eligible children of a deceased retirement pensioner if the child, or at least one of the children, is a child of the pensioner because of a late short - term marital or couple relationship between the pensioner and his or her spouse.

  (2)   This section also applies to the eligible child or eligible children of a deceased retirement pensioner if:

  (a)   the child, or at least one of the children, became a child of the pensioner only because he or she was an adopted child, foster child or ward of the pensioner; and

  (b)   he or she had been such an adopted child, foster child or ward for a period of less than 3 years before the pensioner's death.

  (3)   Orphan pension is payable in respect of a person or persons to whom this section applies only in accordance with this section.

  (4)   If, apart from this section, orphan pension would at any time be payable under section   105, 106, 107 or 108 in respect of a person or persons to whom this section applies, the annual rate of that pension at that time is:

  (a)   if paragraph   (b) does not apply--the amount worked out by using the formula:

  (b)   if at that time there is one or more than one eligible child who is not a child referred to in subsection   (1) or (2)--such rate, being a rate higher than the rate worked out under paragraph   (a) but less than the basic rate of pension, as CSC determines to be fair and equitable in all the circumstances of the case.

  (5)   In subsection   (4):

"basic rate of pension" means the annual rate at which, apart from this section, orphan pension would be payable at that time in respect of the person under subsection   105(2), 106(2), 107(2) or 108(2).

"relevant period" means the period:

  (a)   beginning on the day on which:

  (i)   the marital or couple relationship between the deceased pensioner and his or her spouse began; or

  (ii)   the child, or one of the children, first became an adopted child, foster child or ward of the pensioner; and

  (b)   ending on the day on which the pensioner died.