Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1976 - SECT 87

Election where pension reduced on medical grounds and period of contributory service less than 15, but not less than 8, years

  (1)   The spouse of a deceased eligible employee (being an eligible employee whose period of contributory service is less than 15, but not less than 8, years) who becomes entitled to spouse's benefit by virtue of subsection   81(2) may, not later than 3 months after becoming so entitled, elect, by notice in writing to CSC, that, in lieu of benefit being payable in accordance with section   85, a lump sum benefit be paid in accordance with this section.

  (2)   Where a spouse makes an election under subsection   (1) of this section, the lump sum benefit to which the spouse is entitled in accordance with this section is an amount equal to the lump sum benefit to which the deceased eligible employee would have been entitled under subsection   72(2) or (3) (as the case may be) 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 and had made an election under section   72.

  (4)   A spouse who makes an election under section   86 is not entitled to make an election under subsection   (1) of this section.



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