Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 106

106. (1) Where-

   (a)  a pensioner to whom invalidity pension is payable dies; and

   (b)  he is not survived by a spouse but is survived by a person or persons
        who is or are his child or children, then, at any time after his 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 (2).

(2) Where, by virtue of sub-section (1) of this section, orphan pension is
payable in respect of an eligible child or eligible children of a deceased
pensioner, 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 pensioner as is applicable under section 109.

(3) A reference in sub-section (2) to the notional invalidity pension of a
deceased pensioner means the rate at which invalidity pension was payable to
the deceased pensioner immediately before his death.