Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 82

  (1)   This section applies to the spouse of a deceased eligible employee who:

  (a)   is entitled to spouse's benefit by virtue of subsection   81(1); and

  (b)   does not make an election under section   83 or 84.

  (2)   The annual rate of spouse's pension of a spouse to whom this section applies is 67 per centum of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section   67 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity benefit in accordance with that section.

  (3)   If, at any time when spouse's pension is payable to a spouse to whom this section applies, there are children of the deceased eligible employee who are eligible children, then, in the application of subsection   (2) at that time to the spouse, the reference in subsection   (2) to 67 per centum shall be read as a reference to:

  (a)   where there is 1 eligible child--78 per centum;

  (b)   where there are 2 eligible children--89 per centum; or

  (c)   where there are 3 or more eligible children--100 per centum.

  (4)   Where a spouse to whom this section applies is the spouse of a deceased eligible employee who had paid supplementary contributions, the lump sum benefit to which the spouse is entitled is an amount equal to the accumulated supplementary contributions of the deceased eligible employee.