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1981 No. 387 PAPUA NEW GUINEA (STAFFING ASSISTANCE) (SUPERANNUATION) REGULATIONS (AMENDMENT) - REG 4
Death of married contributor
4. Regulation 41 of the Papua New Guinea (Staffing Assistance)
(Superannuation) Regulations is amended-
(a) by omitting from paragraph (a) of sub-regulation (1) "five-eighths" and
substituting "67 per cent";
(b) by omitting paragraphs (b) and (c) of sub-regulation (1) and
substituting the following word and paragraph:
"and
(b) in respect of each of her or the contributor's children who is under
the age of 16 years or is a student child (other than a child or
student child of her re-marriage)-
(i) where there are less than 3 such children or student children-a
pension at the rate per annum equal to 11 per cent of the
prescribed pension; and
(ii) in any other case-a pension at a rate per annum equal to the
amount ascertained by dividing 33 per cent of the prescribed
pension by the number of children and student children.";
(c) by omitting sub-regulation (2) and substituting the following
sub-regulations:
"(1A) Notwithstanding the provisions of paragraph (1) (b), where the annual
rate of pension payable on a day under that paragraph in respect of a child or
student child is less than $208, the annual rate of pension so payable on that
day in respect of that child or student child is increased by an amount equal
to the difference between the first-mentioned rate and the rate of $208 per
annum.
"(2) On the death of a widow who was in receipt of a pension under this
regulation, pension is payable in respect of each child or student child
referred to in paragraph (1) (b) as follows-
(a) where there is 1 such child or student child-at an annual rate equal
to 45 per cent of the prescribed pension;
(b) where there are 2 such children or student children-at an annual rate
equal to 40 per cent of the prescribed pension;
(c) where there are 3 such children or student children-at an annual rate
equal to 30 per cent of the prescribed pension; and
(d) where there are 4 or more such children or student children-at an
annual rate ascertained by dividing the prescribed pension by the
number of children and student children.
"(2A) Notwithstanding the provisions of sub-regulation (2), the annual rate of
pension payable under a paragraph of that sub-regulation shall not in any case
be less than whichever is the greater of-
(a) $520; or
(b) the sum of $208 and-
(i) where there are not more than 4 children or student
children-1/4 of the relevant pension; and
(ii) in any other case-the amount of the relevant pension divided by
the number of children and student children.
"(2B) In sub-regulation (2A), 'relevant pension', in relation to a rate of
pension payable on a day in respect of a child or student child, means the
annual rate of pension (including any amount payable in respect of
non-contributory units) to which the widow would, but for her death, have been
entitled on that day, other than pension payable to her in respect of a child
or student child.";
(d) by omitting from sub-regulations (3), (4) and (5) "five-eighths"
(wherever occurring), and substituting "67 per cent";
(e) by omitting from sub-regulation (5) "one-half" (wherever occurring)
and substituting "54 per cent";
(f) by omitting from sub-regulation (6) "or (c)"; and
(g) by adding at the end thereof the following sub-regulation:
"(8) In sub-regulations (1) and (2), 'prescribed pension', in relation to a
rate of pension payable on a day in respect of a child or student child, means
the annual rate of pension (including any amount payable in respect of
non-contributory units) that would have been payable to the contributor on
that day if he had not died but had been in receipt of a pension payable under
regulation 34.".
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