AustLII Tasmanian Numbered Regulations

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RETIREMENT BENEFITS (PARLIAMENTARY SUPERANNUATION) REGULATIONS 2012 (S.R. 2012, NO. 119) - REG 25

Children's pensions

(1)  Subject to this regulation, on the death of a member to whom this Part applies or on the death of a former member, a pension is payable in respect of each child who is dependent on the member or former member at the time of the death or would have been so dependent if the member or former member were alive.
(2)  A pension under this regulation is payable –
(a) in the case of a child of a person who was a member at the time of his or her death –
(i) where there is a surviving partner, at the rate of 5% of the pension that would have been payable to the deceased if, immediately before the day of his or her death, he or she had become entitled to a pension under regulation 20 ; or
(ii) where there is no surviving partner, at the rate of 20% of the pension that would have been payable to the deceased if immediately before the day of his or her death the deceased had become entitled to such a pension; or
(b) in the case of a child of a deceased former member –
(i) where there is a surviving partner, at the rate of 5% of the pension that was payable to the deceased on the day of his or her death; or
(ii) where there is no surviving partner, at the rate of 20% of the pension that was so payable.
(3)  Where a child's pension is being paid at the rate specified in subregulation (2)(a)(i) or subregulation (2)(b)(i) , and the surviving partner of the person by reason of whose death the pension is payable dies while that pension is still payable, the rate of that pension is to be increased to the rate at which it would have been payable if that person's surviving partner had not survived him or her.



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