Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 81

PART VI-BENEFITS PAYABLE TO SPOUSES AND CHILDREN Division 1-Spouse's Benefit
on Death of Eligible Employee before Attaining
Maximum Retiring Age
81. (1) Where an eligible employee who dies before attaining his maximum
retiring age is survived by a spouse, then, except in a case where sub-section
(2) of this section applies, the spouse in 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
        sub-section 84 (2) and, where the eligible employee had paid
        supplementary contributions, an additional lump sum benefit in
        accordance with sub-section 84 (3).

(2) Where-

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

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

   (c)  the Commissioner 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 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 sub-section 87 (2) and, where the eligible employee had
               paid supplementary contributions, an additional lump sum
               benefit in accordance with sub-section 87 (3); 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 sub-section
        88 (1) and, where the eligible employee had paid
        supplementary contributions, an additional lump sum benefit in
        accordance with sub-section 88 (2).

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

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