41Rate of pension payable on death of member of scheme leaving more than one spouse

#### 41 Rate of pension payable on death of member of scheme leaving more than one spouse (1) If a member of the scheme (deceased person) is survived by more than one spouse, CSC must allocate any pension payable to a spouse in respect of the deceased person under this Act among the spouses. (2) CSC must have regard to the respective needs of the spouses when making the allocation. (3) Subject to subsections (4) and (5), a pension is only payable to each spouse in accordance with the allocation. (4) The rate of pension payable to each spouse under the allocation must be at least three‑eighths of the rate of the relevant pension in relation to the deceased person under this Act. (5) The aggregate of the rates of pension payable under an allocation must not exceed 100% of the rate of the relevant pension in relation to the deceased person under this Act. (6) In subsections (4) and (5), the rate of the relevant pension in relation to the deceased person under this Act is: (a) in the case of a deceased person who was not a recipient member—the rate at which invalidity pay would have been payable to the deceased person if, on the date of the death, the deceased person: (i) had been entitled to invalidity benefit; and (ii) had been classified as Class A under section 30; and (iii) in the case of a deceased member whose surcharge debt account is in debit when the pension becomes payable—had made an election under subsection 124(1); or (b) in the case of a deceased recipient member, then, subject to sections 47 and 75: (i) if subparagraph (ii) does not apply—the rate at which retirement pay or invalidity pay was payable to the deceased recipient member immediately before the death; or (ii) if a portion of the retirement pay or invalidity pay had been commuted under section 24 or 32A—the rate at which retirement pay or invalidity pay would have been payable to the member immediately before the death if a portion of that retirement pay or invalidity pay had not been so commuted.