Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 96AB

  (1)   If, at any time:

  (a)   spouse's standard pension under subsection   94(2A); or

  (b)   spouse's additional pension under subsection   95(1B); or

  (c)   spouse's pension under subsection   96(2A);

is payable to the spouse of a deceased pensioner, then, for the purposes of whichever of those subsections is applicable, the applicable rate is:

  (d)   if paragraph   (e) does not apply--the rate worked out by using the formula:

  (e)   if at that time there is one or more than one eligible child who became a child of the pensioner:

  (i)   before the pensioner became a retirement pensioner or turned 60; or

  (ii)   at least 3 years before the pensioner died;

    --such rate, being a rate higher than the rate worked out under paragraph   (d) but less than the basic rate of pension, as CSC determines to be fair and equitable in all the circumstances of the case.

  (2)   In subsection   (1):

"basic rate of pension" means the annual rate at which, apart from subsection   (1), spouse's standard pension, spouse's additional pension or spouse's pension (as the case requires) would be payable to the spouse at that time.

"relevant period" means the period:

  (a)   beginning on the day on which the marital or couple relationship between the deceased pensioner and his or her spouse began; and

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