Tasmanian Numbered Regulations

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RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - REG 81

Pensions payable to surviving partners
(1)  The surviving partner of a pensioner is entitled to a pension calculated at the rate specified in subregulation (2) if the pensioner, at the date of his or her death, was in receipt of a pension –
(a) as mentioned in clause 1(2) of Part 4 of Schedule 5 ; or
(b) calculated on the basis of the reversion of the pension to his or her surviving partner under regulation 79 ; or
(c) calculated by reference to a factor of 12 as specified in regulation 80(3) ; or
(d) calculated under Schedule 3 .
(2)  The pension payable to a surviving partner under subregulation (1) is payable at the rate of two-thirds of the pension that the pensioner –
(a) was receiving; or
(b) was eligible to receive if that pension had not been suspended or reduced by the Board under regulation 85(1)  –
immediately before the death of the pensioner.
(3)  A pension being paid to a surviving partner arising from the death of an existing contributor or a pensioner ceases to be paid with effect from the date of death of that surviving partner.
(4)  A pension that has been calculated on the basis that there is to be no reversion of that pension to a surviving partner on the death of a pensioner ceases to be paid with effect from the date of death of that pensioner.
(5)  A pension is payable under this regulation to the surviving partner of a pensioner notwithstanding that the marriage took place, or the significant relationship within the meaning of the Relationships Act 2003 commenced, after the retirement of the pensioner.



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