Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 104

104. (1) Where-

   (a)  spouse's pension is payable in accordance with section 85 or 86 to the
        spouse of a person who ceased to be an eligible employee by reason of
        the death of the eligible employee before attaining his
        maximum retiring age; and

   (b)  the spouse dies but is survived by a person or persons who is or are
        the child or children of the deceased eligible employee, then, at any
        time after the spouse's 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 sub-section (3).

(2) Where, by virtue of sub-section (1), orphan benefit is payable at any time
in respect of an eligible child or eligible children of a deceased
eligible employee, the annual rate of 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) The reference in sub-section (2) to the notional invalidity pension of a
deceased eligible employee means-

   (a)  subject to paragraph (b) of this sub-section, the rate of the
        invalidity pension to which the eligible employee would have been
        entitled under section 70 on the day on which spouse's pension ceased
        to be payable to the spouse if he had not died, but had, on the day
        immediately following the date of his death, become entitled to
        invalidity pension in accordance with that section; or

   (b)  if the spouse had made an election under section 86-the rate of the
        invalidity pension to which he would have been entitled under
        section 71 on the day on which spouse's pension ceased to be payable
        to the spouse if he had not died, but had, on the day immediately
        following the date of his death, become entitled to invalidity benefit
        and made an election under section 71.