111MTotal pensions not to exceed certain rate

111M Total pensions not to exceed certain rate

(1) The Commissioner shall not determine a rate of pension in relation to a deceased pensioner under regulation 111G, 111J or 111K if the payment of the pension, or the payment of the pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under these Regulations in relation to the deceased pensioner at the date of the determination exceeding the rate of pension to which the deceased pensioner would have been entitled at that date under these Regulations if he had not died. (2) The Commissioner shall not determine a rate of pension in relation to a deceased contributor under regulation 111K if the payment of the pension, or the payment of the pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under these Regulations in relation to the deceased contributor at the date of the determination exceeding the rate of pension to which the deceased contributor would have been entitled at that date under these Regulations if he had not died but had been entitled at that date to pension under regulation 34.