Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 85

85. (1) This section applies to the spouse of a deceased eligible employee
(being an eligible employee whose period of contributory service is not less
than 8 years) who-

   (a)  is entitled to spouse's benefit by virtue of sub-section 81 (2); and

   (b)  does not make an election under section 86 or 87.

(2) The annual rate of spouse's pension of a spouse to whom this section
applies is 67 per centum of the annual rate of invalidity pension to which the
deceased eligible employee would have been entitled under section 70 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.

(3) If, at any time when spouse's pension is payable to a spouse to whom this
section applies, 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 chidren-100 per centum.

(4) Where a spouse to whom this section applies is the spouse of a deceased
eligible employee who had paid supplementary contributions, the lump sum
benefit to which the spouse is entitled is an amount, payable out of the Fund,
equal to the accumulated supplementary contributions of the deceased eligible
employee.