Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 110

Division 5-Miscellaneous
110. (1) Where a person who is an eligible employee or a retirement pensioner
dies and is survived by more than 1 person who is a spouse of the person for
the purposes of this Act-

   (a)  spouse's benefit is payable to those persons, where the benefit is a
        pension, at such rate as would be applicable if there were 1 surviving
        spouse only or, where the benefit is a lump sum benefit, that benefit
        shall be such amount as would be applicable if there were 1 surviving
        spouse only; and

   (b)  the benefit is payable to those persons in such proportions as the
        Commissioner determines or, where the benefit is a pension, as the
        Commissioner from time to time determines, having regard to the
        respective needs of those persons and to such other matters as he
        considers relevant.

(2) Where spouse's benefit, being a pension, is payable to 2 or more persons
in accordance with sub-section (1), then, upon the death of one of the
persons, the spouse's benefit payable to the survivor or survivors in
accordance with sub-section (1) shall be pension at the rate payable
immediately before the death reduced by such proportion of that rate as was
the proportion of the pension payable to the deceased person immediately
before the death.

(3) In this section, ''spouse's benefit'' means spouse's pension or a lump sum
benefit payable to a spouse under this Act.