Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 97

Division 4-Orphan Benefit

97. (1) Where-

   (a)  an eligible employee dies on or after attaining his maximum retiring
        age;

   (b)  his period of contributory service is not less than 1 year; and

   (c)  he is not survived by a spouse but is survived by a person or persons
        who is or are his child or children, then-

   (d)  at any time after his death when the surviving child or 1 or more of
        the surviving children is an eligible child or are
        eligible children-orphan pension is payable in respect of the
        eligible child or eligible children in accordance with sub-section
        (2); and

   (e)  if the surviving child or 1 or more of the surviving children is or
        are, immediately after his death, an eligible child or
        eligible children or, in the opinion of the Commissioner, is or are
        likely to become an eligible child or eligible children-lump sum
        benefit is payable in respect of that child or those children in
        accordance with sub-section (3).

(2) Where, by virtue of paragraph (1) (d), orphan pension is at any time
payable in respect of an eligible child or eligible children of a deceased
eligible employee, the annual rate of the pension payable in respect of that
child or those children is such percentage of the notional standard age
retirement pension of the deceased eligible employee as is applicable under
section 109.

(3) Where, by virtue of paragraph (1) (e), lump sum benefit is payable in
respect of a surviving child or surviving children of a deceased eligible
employee, the lump sum benefit is an amount, payable out of the Fund, equal to
the accumulated contributions of the deceased eligible employee.

(4) The reference in sub-section (2) to the notional standard age retirement
pension of a deceased eligible employee means the rate of the standard age
retirement pension to which he would have been entitled if he had not died,
but had, on the day immediately following the date of his death, become
entitled to standard age retirement pension in accordance with section 56.