Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 149

    For the purposes of subsection   148(2), the rate applicable to a pension is:

  (a)   in the case of invalidity pension payable to a person in accordance with section   67--an amount per annum equal to the annual rate at which invalidity pension would, immediately before the commencement of the relevant prescribed half - year, have been payable to the person in accordance with section   68 if the person had made an election under subsection   68(1);

  (b)   in the case of invalidity pension payable to a person in accordance with section   70--an amount per annum equal to the annual rate at which invalidity pension would, immediately before the commencement of the relevant prescribed half - year, have been payable to the person in accordance with section   71 if the person had made an election under subsection   71(1);

  (c)   in the case of spouse's pension payable to a person in accordance with section   82--an amount per annum equal to the annual rate at which spouse's pension would, immediately before the commencement of the relevant prescribed half - year, have been payable to the person in accordance with section   83 if the person had made an election under subsection   83(1);

  (d)   in the case of spouse's pension payable to a person in accordance with section   85--an amount per annum equal to the annual rate at which spouse's pension would, immediately before the commencement of the relevant prescribed half - year, have been payable to the person in accordance with section   86 if the person had made an election under subsection   86(1);

  (e)   in the case of spouse's pension payable to the spouse of a deceased invalidity pensioner in accordance with section   96, being an invalidity pensioner to whom invalidity pension was payable in accordance with section   67 or 70--an amount per annum equal to the annual rate at which spouse's pension would, immediately before the commencement of the relevant prescribed half - year, have been payable to the spouse in accordance with section   96 if the deceased invalidity pensioner had made an election under subsection   68(1) or 71(1), as the case may be, and invalidity pension had been payable to him or her in accordance with section   68 or 71, as the case may be;

  (f)   in the case of orphan pension payable in respect of the eligible child or eligible children of a deceased eligible employee in accordance with section   98, being a case where an amount equal to the deceased eligible employee's accumulated contributions has not been paid out of the Fund under section   111--an amount per annum equal to the annual rate at which orphan pension would, immediately before the commencement of the relevant prescribed half - year, have been payable in respect of the eligible child or eligible children in accordance with section   98 if an amount equal to the deceased eligible employee's accumulated contributions had been paid out of the Fund under section   111;

  (g)   in the case of orphan pension payable in respect of the eligible child or children of a deceased eligible employee in accordance with section   100, being a case where an amount equal to the deceased eligible employee's accumulated contributions has not been paid out of the Fund under section   111--an amount per annum equal to the annual rate at which orphan pension would, immediately before the commencement of the relevant prescribed half - year, have been payable in respect of the eligible child or eligible children in accordance with section   100 if an amount equal to the deceased eligible employee's accumulated contributions had been paid out of the Fund under section   111;

  (h)   in the case of orphan pension payable in respect of the eligible child or eligible children of a deceased eligible employee in accordance with section   103 after the death of the spouse of the deceased eligible employee, being a spouse who had not made an election under section   83--an amount per annum equal to the annual rate at which orphan pension would, immediately before the commencement of the relevant prescribed half - year, have been payable in respect of the eligible child or eligible children in accordance with section   103 if the spouse had made an election under subsection   83(1);

  (i)   in the case of orphan pension payable in respect of the eligible child or eligible children of a deceased eligible employee in accordance with section   104 after the death of the spouse of the deceased eligible employee, being a spouse who had not made an election under section   86--an amount per annum equal to the annual rate at which orphan pension would, immediately before the commencement of the relevant prescribed half - year, have been payable in respect of the eligible child or eligible children in accordance with section   104 if the spouse had made an election under subsection   86(1);

  (j)   in the case of orphan pension payable in respect of the eligible child or eligible children of a deceased invalidity pensioner in accordance with section   106, being an invalidity pensioner to whom invalidity pension was payable in accordance with section   67 or 70--an amount per annum equal to the annual rate at which orphan pension would, immediately before the commencement of the relevant prescribed half - year, have been payable in respect of the eligible child or eligible children in accordance with section   106 if the deceased invalidity pensioner had made an election under subsection   68(1) or 71(1), as the case may be, and invalidity pension had been payable to him or her in accordance with section   68 or 71, as the case may be; and

  (k)   in the case of orphan pension payable in respect of the eligible child or eligible children of a deceased invalidity pensioner in accordance with section   108 after the death of the spouse of the deceased invalidity pensioner, being an invalidity pensioner to whom invalidity pension was payable in accordance with section   67 or 70--an amount per annum equal to the annual rate at which orphan pension would, immediately before the commencement of the relevant prescribed half - year, have been payable in respect of the eligible child or eligible children in accordance with section   108 if the deceased invalidity pensioner had made an election under subsection   68(1) or 71(1), as the case may be, and invalidity pension had been payable to him or her in accordance with section   68 or 71, as the case may be.