Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 83

83. (1) The spouse of a deceased eligible employee who becomes entitled to
spouse's benefit by virtue of sub-section 81 (1) may, not later than 1 month
after becoming so entitled, elect, by notice in writing to the Commissioner,
that, in lieu of benefit being payable in accordance with section 82, pension
and lump sum benefit be paid in accordance with this section.

(2) Where a spouse makes an election under sub-section (1) of this section,
the annual rate of pension to which the spouse is entitled is 67 per centum of
the annual rate of the pension to which the deceased eligible employee would
have been entitled under section 68 if he had not died, but had, on the day
immediately following the date of his death, become entitled to invalidity
benefit and had made an election under that section.

(3) If, at any time when spouse's pension is payable to a spouse who makes an
election under sub-section (1), there are children of the deceased eligible
employee who are eligible children, then, in the application of sub-section
(2) at that time to the spouse, the reference in sub-section (2) to 67 per
centum shall be read as a reference to-

   (a)  where there is 1 eligible child-78 per centum;

   (b)  where there are 2 eligible children-89 per centum; or

   (c)  where there are 3 or more eligible children-100 per centum.

(4) The lump sum benefit to which a spouse who makes an election under
sub-section (1) is entitled is an amount, payable out of the Fund, equal to
the accumulated contributions of the deceased eligible employee.

(5) A spouse who makes an election under section 84 is not entitled to make an
election under sub-section (1) of this section.