Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 98

  (1)   Where:

  (a)   an eligible employee dies before attaining his or her maximum retiring age;

  (b)   his or her period of prospective service is not less than 1 year; and

  (c)   he or she is not survived by a spouse but is survived by a person or persons who is or are his or her child or children;

then, except in a case where section   99, 100 or 101 applies:

  (d)   at any time after his or her death when the surviving child or 1 or more of the surviving children is an eligible child or are eligible children--orphan pension is payable in respect of the eligible child or eligible children in accordance with subsection   (2); and

  (e)   if the deceased eligible employee had paid supplementary contributions and the surviving child or 1 or more of the surviving children is or are, immediately after his or her death, an eligible child or eligible children or, in the opinion of CSC, is or are likely to become an eligible child or eligible children--lump sum benefit is payable in respect of that child or those children in accordance with subsection   (3) of this section.

  (2)   Where, by virtue of paragraph   (1)(d), orphan pension is at any time payable in respect of an eligible child or eligible children of a deceased eligible employee, the annual rate of the pension payable in respect of that child or those children is such percentage of the notional invalidity pension of the deceased eligible employee as is applicable under section   109.

  (3)   Where, by virtue of paragraph   (1)(e), lump sum benefit is payable in respect of a surviving child or surviving children of a deceased eligible employee, the lump sum benefit is an amount equal to the accumulated supplementary contributions of the deceased eligible employee.

  (4)   The reference in subsection   (2) to the notional invalidity pension of a deceased eligible employee means:

  (a)   subject to paragraph   (b) of this subsection, the rate of the invalidity pension to which the 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 pension in accordance with that section; or

  (b)   where an amount equal to the deceased eligible employee's accumulated contributions has been paid out of the Fund under section   111--the rate of the invalidity pension to which the eligible employee would have been entitled under section   68 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 pension and had made an election under that section.

  (5)   Where a deceased eligible employee would, if he or she had not died but had retired on the ground of invalidity on the day of his or her death, have been entitled to invalidity benefit as provided by subsection   66(3) or (3A), this section applies in relation to him or her as if:

  (a)   there were substituted for paragraph   (1)(e) of this section provision that lump sum benefit equal to the accumulated contributions of the deceased eligible employee were payable in respect of the child or children referred to in that paragraph; and

  (b)   paragraph   (4)(b) of this section applied in relation to him or her.