Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, immediately before the commencing date, a pension was payable to a person by virtue of that person being the widow or widower of:
(a) a pensioner who, if he or she had not died and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under the preceding provisions of this Act; or
(b) a person who died before retirement but, if he or she had retired on the day of his or her death and had been in receipt of pension immediately before the commencing date, would have been entitled to an increase in that pension under the preceding provisions of this Act;
the widow or widower is, subject to this Act, entitled to an increase in her or his pension, being an increase equal to:
(c) in the case of a widow whose husband elected that section 26 of the Superannuation Act 1922 - 1959 should not apply to him and did not revoke that election--one - half of the increase in pension to which her husband would have been entitled under the preceding provisions of this Act; or
(d) in any other case--five - eighths of the increase in pension to which the husband of the widow or the wife of the widower would have been entitled under the preceding provisions of this Act.
(2) In calculating for the purposes of subsection ( 5) of section 46 of the Superannuation Act 1922 - 1971 the amount of the annual rate of the pension that, but for the death of a widow or widower, would, by virtue of subsection ( 1) of that section, have been payable to the widow or widower or have been so payable but for subsection ( 2) of that section, any amount by which that amount would have been increased by virtue of the operation of the last preceding subsection shall be taken into account.
(3) In calculating for the purposes of subsection ( 5) of section 47 of the Superannuation Act 1922 - 1971 the amount of the annual rate of pension that, but for the death of a widow or widower, would, by virtue of subsection ( 1) of that section, have been payable to the widow or widower or have been so payable but for subsection ( 2) of that section, any amount by which that amount would have been increased by virtue of the operation of subsection ( 1) of this section shall be taken into account.
(4) In calculating for the purposes of subsection ( 2) of section 48 of the Superannuation Act 1922 - 1971 the amount of the annual rate of the pension that, but for the death or divorce of the wife or husband of a contributor or pensioner would, by virtue of subsection ( 1) of section 46, or subsection ( 1) of section 47, of that Act have been payable to the wife or husband or would have been so payable but for subsection ( 2) of section 46, or subsection ( 2) of section 47, of that Act, any amount by which that amount would have been increased by virtue of the operation of subsection ( 1) of this section shall be taken into account.