Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 98

98. (1) Where-

   (a)  an eligible employee dies before attaining his maximum retiring age;

   (b)  his period of prospective 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, except in a case where
        section 99, 100 or 101 applies-

   (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 deceased eligible employee had paid supplementary contributions
        and 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) of this section.

(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 invalidity 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 supplementary contributions of the deceased eligible employee.

(4) The reference in sub-section (2) to the notional invalidity pension of a
deceased eligible employee means-

   (a)  subject to paragraph (b) of this sub-section, the rate of the
        invalidity pension to which the eligible employee would have been
        entitled under section 67 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; or

   (b)  where an amount equal to the deceased eligible employee's accumulated
        contributions has been paid out of the Fund under section 111-the rate
        of the invalidity pension to which the 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 pension and had made an election under that section.

(5) Where a deceased eligible employee would, if he had not died but had
retired on the ground of invalidity on the day of his death, have been
entitled to invalidity benefit as provided by sub-section 66 (3), this section
applies in relation to him as if-

   (a)  there were substituted for paragraph (1) (e) of this section provision
        that lump sum benefit equal to the accumulated contributions of the
        deceased eligible employee were payable out of the Fund in respect of
        the child or children referred to in that paragraph; and

   (b)  paragraph (4) (b) of this section applied in relation to him.