Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 81

  (1)   Where an eligible employee who dies before attaining his or her maximum retiring age is survived by a spouse, then, except in a case where subsection   (2) of this section applies, the spouse is entitled:

  (a)   if the spouse does not make an election under section   83 or 84--to spouse's pension in accordance with section   82 and, where the eligible employee had paid supplementary contributions, a lump sum benefit in accordance with that section;

  (b)   if the spouse makes an election under section   83--to spouse's pension, and a lump sum benefit, in accordance with that section; or

  (c)   if the spouse is entitled to make an election under section   84 and makes such an election--to a lump sum benefit in accordance with that section.

  (2)   Where:

  (a)   an eligible employee who dies before attaining his or her maximum retiring age is survived by a spouse;

  (b)   there was in force in respect of the eligible employee, immediately before his or her death, a benefit classification certificate; and

  (c)   CSC is of the opinion that the eligible employee's death was caused, or was substantially contributed to, by a physical or mental condition or conditions specified in the certificate or by a physical or mental condition or conditions connected with such a condition or conditions;

the spouse is entitled:

  (d)   where the period of contributory service of the eligible employee is not less than 8 years:

  (i)   if the spouse does not make an election under section   86 or 87--to spouse's pension in accordance with section   85 and, where the eligible employee had paid supplementary contributions, a lump sum in accordance with that section;

  (ii)   if the spouse makes an election under section   86--to spouse's pension, and a lump sum benefit, in accordance with that section; or

  (iii)   if the spouse is entitled to make an election under section   87 and makes such an election--to a lump sum benefit in accordance with that section; or

  (e)   where the period of contributory service of the eligible employee is less than 8 years--to a lump sum benefit in accordance with section   88.

  (3)   Where the surviving spouse is the spouse of an eligible employee who, if he or she had not died but had retired on the ground of invalidity on the day of his or her death, would have been entitled to invalidity benefit as provided by subsection   66(3) or (3A), the spouse shall be deemed, for the purposes of this Division, to have made an election under subsection   83(1) or 86(1), as the case may be.

  (3A)   Subsection   (3) shall not be taken to prevent a spouse who would, but for that subsection, be entitled to make an election under subsection   84(1) or 87(1) from making such an election and becoming entitled to spouse's benefit in accordance with section   84 or 87, as the case may be.

  (4)   Subsections   (1) and (2) do not apply to the spouse of a deceased eligible employee whose period of prospective service is less than 1 year.