Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 9

9. (1) A person who is the child of a marriage of a deceased retirement
pensioner that took place after the pensioner became a pensioner and after the
pensioner had attained the age of 60 years, or a person who became the
step-child of a deceased retirement pensioner by reason of such a marriage,
shall be deemed not to be an eligible child of the deceased pensioner for the
purposes of this Act unless-

   (a)  the marriage took place not less than 5 years before the pensioner's
        death; or

   (b)  the marriage took place less than 5 years before the pensioner's death
        but-

        (i)    the other party to the marriage had, immediately preceding the
               marriage, for a continuous period that com-menced while the
               pensioner was a retirement pensioner and not later than 5 years
               before the pensioner's death, lived with the pensioner as the
               pensioner's husband or wife, as the case may be, on a permanent
               and bona fide basis;

        (ii)   the other party to the marriage had, immediately preceding the
               marriage, for a continuous period that commenced while the
               pensioner was an eligible employee and not later than 3 years
               before the pensioner's death, lived with the pensioner as the
               pensioner's husband or wife, as the case may be, on a permanent
               and bona fide domestic basis; or

        (iii)  the other party to the marriage had, immediately preceding the
               marriage, for a continuous period that commenced while the
               pensioner was an eligible employee but later than 3 years
               before the pensioner's death, lived with the pensioner as the
               pensioner's husband or wife, as the case may be, on a permanent
               and bona fide domestic basis and was, in the opinion of the
               Commissioner, wholly or substantially dependent upon the
               deceased pensioner at the time of the pensioner's death.

(2) A person who is an ex-nuptial child of a deceased retirement pensioner and
who was born-

   (a)  after the pensioner had become a pensioner; and

   (b)  after the pensioner had attained the age of 60 years, shall be deemed
        not to be an eligible child of the pensioner for the purposes of this
        Act unless the person is the child of the pensioner and another person
        with whom the pensioner lived on a permanent and bona fide domestic
        basis for-

   (c)  except in a case where paragraph (d) applies-a continuous period of
        not less than 3 years immediately preceding the pensioner's death or,
        if the Commissioner is of the opinion that the person was wholly or
        substantially dependent upon the deceased pensioner at the time of the
        pensioner's death, any continuous period (which may be a period of
        less than 3 years) immediately preceding the pensioner's death; or

   (d)  where the pensioner had commenced so living with the other person
        after the pensioner had become a pensioner and after the pensioner had
        attained the age of 60 years-a continuous period of not less than 5
        years immediately preceding the pensioner's death.

(3) A person who became the adopted child, foster child or ward of a deceased
retirement pensioner after the pensioner became a pensioner and after the
pensioner had attained the age of 60 years shall be deemed not to be an
eligible child of the deceased pensioner for the purposes of this Act unless
the person became the adopted child, foster child or ward, as the case may be,
of the pensioner not less than 5 years before the pensioner's death.

(4) A person who is the child of a deceased retirement pensioner by reason
only of being a child of a surviving spouse of the pensioner shall be deemed
not to be an eligible child of the pensioner for the purposes of this Act
unless the person is the child of a person with whom the pensioner lived on a
permanent and bona fide domestic basis for-

   (a)  except in a case where paragraph (b) applies-a continuous period of
        not less than 3 years immediately preceding the pensioner's death or,
        if the Commissioner is of the opinion that the person was wholly or
        substantially dependent upon the pensioner at the time of the
        pensioner's death, any continuous period (which may be a period of
        less than 3 years) immediately preceding the pensioner's death; or

   (b)  where the pensioner had commenced so living with the other person
        after the pensioner had become a pensioner and after the pensioner had
        attained the age of 60 years-a continuous period of not less than 5
        years immediately preceding the pensioner's death.

(5) A person who is the child of a deceased retirement pensioner by reason
only of being a child of a spouse of the pensioner (other than a spouse who
survives him) shall be deemed not to be an eligible child of the pensioner for
the purposes of this Act unless the person is the child of a person with whom
the pensioner lived on a permanent and bona fide domestic basis for-

   (a)  except in a case where paragraph (b) applies-a continuous period of
        not less than 3 years immediately preceding the spouse's death or, if
        the Commissioner is of the opinion that the spouse was wholly or
        substantially dependent upon the pensioner at the time of the spouse's
        death, any continuous period (which may be a period of less than 3
        years) immediately preceding the spouse's death; or

   (b)  where the pensioner had commenced so living with the other person
        after the pensioner had become a pensioner and after the pensioner had
        attained the age of 60 years-a continuous period of not less than 5
        years immediately preceding the spouse's death.