Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 110AB

  (1)   If, at any time:

  (a)   spouse's pension is payable:

  (i)   to the spouse of a deceased eligible employee under section   82, 83, 85, 86 or 90; or

  (ii)   to the spouse of a deceased pensioner under section   94 or 96; and

  (b)   the sum of the spouse's pension and extra spouse's pension (if any) is less than the annual rate of the pension by reference to which the rate of spouse's pension is calculated under whichever is applicable of section   82, 83, 85, 86, 90, 94 or 96 (in this section called the base amount ); and

  (c)   there is more than one spouse of the deceased eligible employee or pensioner;

the spouse's pension is increased under this section.

  (2)   The increase in the annual rate of spouse's pension is:

  (a)   the applicable percentage of the base amount; or

  (b)   the amount by which the base amount exceeds the sum of the spouse's pension and the extra spouse's pension;

whichever is less.

  (3)   Where, at any time, the spouse's pension is increased under this section, the applicable percentage is:

  (a)   in the case of spouses of a category 2 deceased pensioner:

  (i)   if there are 2 spouses--11%; or

  (ii)   if there are 3 or more spouses--22%; or

  (b)   in any other case:

  (i)   if there are 2 spouses--11%; or

  (ii)   if there are 3 spouses--22%; or

  (iii)   if there are 4 or more spouses--33%.