15BOPension payable to widow, widower or de facto partner of deceased pensioner

15BO Pension payable to widow, widower or de facto partner of deceased pensioner

15BO Pension payable to widow, widower or de facto partner of deceased pensioner

(1) Subject to section 15BOB, if a pensioner under section 15BF, 15BG or 15BH dies leaving a widow, widower or de facto partner, the board must pay to the widow, widower or de facto partner a pension at the rate of 62.5% of the rate at which the deceased pensioner was receiving, or entitled to receive, a pension under section 15BF, 15BG or 15BH immediately before his or her death.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(2) If a person marries or enters into a de facto relationship after becoming entitled to a pension under section 15BF, 15BG or 15BH and dies while a party to that marriage or relationship, a pension under this section is not payable to the widow, widower or de facto partner as such, except if the widow, widower or de facto partner is an eligible widow, widower or de facto partner.

(3) Subsection (2) does not apply in respect of a pensioner who, after marrying or entering into a de facto relationship as referred to in that subsection, again becomes a contributor.

(4) If a person who was a former contributor (the pensioner) marries or enters into a de facto relationship after becoming entitled to a pension under section 15BF, 15BG or 15BH and dies leaving an eligible widow, widower or de facto partner on or after the commencement of this subsection, there is payable to the eligible widow, widower or de facto partner as such—

(a) if the deceased pensioner and eligible widow, widower or de facto partner had been married or in a de facto relationship for 3 years or more immediately before the death—a pension at the rate of 62.5% of the rate at which the deceased pensioner was receiving, or entitled to receive, a pension under section 15BF, 15BG or 15BH immediately before the death, or

(b) if the deceased pensioner and eligible widow, widower or de facto partner had been married or in a de facto relationship for less than 3 years immediately before the death—a pension as referred to in paragraph (a), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.

(5) In this section—

eligible widow, widower or de facto partner of a deceased pensioner means a widow, widower or de facto partner of the deceased pensioner who has or had in his or her marriage or relationship with the deceased pensioner a child, being—