Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a pensioner to whom age retirement pension or early retirement pension is payable dies and is survived by a spouse, the spouse is, subject to section 95A, entitled:
(a) to spouse's standard pension in accordance with section 94; and
(b) if the pensioner:
(i) did not make an election under section 64; or
(ii) made an election under subsection 64(2) but died before a lump sum benefit became payable;
to spouse's additional pension under section 95.
(2) Where a pensioner to whom invalidity pension is payable dies and is survived by a spouse, the spouse is, subject to section 96AA, entitled to spouse's pension in accordance with section 96.