Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 87

87. (1) The spouse of a deceased eligible employee (being an eligible employee
whose period of contributory service is less than 15, but not less than 8,
years) who becomes entitled to spouse's benefit by virtue of sub-section 81
(2) 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 85, a lump sum benefit be paid in accordance with
sub-section (2) of this section and, where the deceased eligible employee had
paid supplementary contributions, an additional lump sum benefit in accordance
with sub-section (3) of this section.

(2) Where a spouse makes an election under sub-section (1) of this section,
the lump sum benefit to which the spouse is entitled in accordance with this
sub-section is an amount equal to the lump sum benefit to which the deceased
eligible employee would have been entitled under sub-section 72 (2) 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 section 
72. 

(3) Where a spouse makes an election under sub-section (1) and the deceased
eligible employee had paid supplementary contributions, the lump sum benefit
to which the spouse is entitled in accordance with this sub-section is an
amount, payable out of the Fund, equal to the accumulated supplementary
contributions of the deceased eligible employee.

(4) A spouse who makes an election under section 86 is not entitled to make an
election under sub-section (1) of this section.