27APension to be paid to eligible surviving spouse or de facto partner

27A Pension to be paid to eligible surviving spouse or de facto partner

27A Pension to be paid to eligible surviving spouse or de facto partner

(1) Despite any other provision of this Act, a pension is payable, on the death of a former contributor who elected to take a pension referred to in section 26 (7) (c) or 27 (2) (c), to an eligible surviving spouse or de facto partner who became the spouse or de facto partner of the former contributor after the time the pension became payable to the former contributor.

Note—

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

(2) The amount of the pension to be paid is—

(a) if the former contributor and eligible surviving spouse or de facto partner had been married or de facto partners for 3 years or more immediately before the death—an amount equal to five-eighths of the pension payable to the former contributor immediately before the death of the former contributor, or

(b) if the former contributor and eligible surviving spouse or de facto partner had been married or de facto partners for less than 3 years immediately before the death—an amount 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.

(3) A pension under this section is to be paid to an eligible surviving spouse or de facto partner for life on and from the day following the death of the former contributor and is to be increased as provided in the case of a pension referred to in section 26 (7) (b) or 27 (2) (b).

(4) In this section—

eligible surviving spouse or de facto partner of a deceased former contributor means a person who has or had in his or her marriage or relationship with the deceased former contributor a child, being—

(a) a child of the surviving spouse or de facto partner and the deceased former contributor who was, in the opinion of the Board, wholly or substantially dependent on the deceased former contributor at any time during the marriage or relationship, or

(b) a child of the deceased former contributor who was conceived before and born alive after the death of the former contributor.

s 27A: Ins 2002 No 110, Sch 9. Am 2003 No 77, Sch 4 [1]–[5]; 2010 No 19, Sch 3.69 [1]–[3].