Part 5Pension for spouse and child benefit

Part 5—Pension for spouse and child benefit Division 1—Pension for spouse 24—Pension for spouse of deceased PSS 1 member pensioner (1) Where a PSS 1 member pensioner dies, there shall be payable to the spouse of that former member pensioner— (a) an annual pension equal to 75 per cent of the notional pension of that pensioner on the day that he died; or (b) an annual pension equal to the prescribed amount, whichever is the greater. prescribed amount means— (a) where the member pensioner had commuted a percentage of his pension, an amount ascertained by reference to the following formula: A is the amount expressed in dollars and cents; P is the percentage of the pension so commuted; S is 40 per cent of the relevant amount multiplied by the appropriate factor; or (b) where the member pensioner had not commuted a percentage of his pension, an amount equal to 40 per cent of the relevant amount multiplied by the appropriate factor; or (c) where the amount determined under paragraph (a) or (b) exceeds the notional pension of the member pensioner on the day that he died, the amount of that notional pension. the appropriate factor means a factor arrived at by dividing the amount of the notional pension of the member pensioner on the day of his death by the amount of the pension to which he was entitled when he became a member pensioner, or, where he commuted a percentage of his pension, by the amount of the pension to which he was entitled immediately after he commuted that percentage: the relevant amount means— (a) in relation to a member pensioner who was not in receipt of additional salary at any time during his service—the annual salary of the member pensioner immediately before he became a member pensioner; or (b) in relation to a member pensioner who was in receipt of additional salary at any time during his service—the sum of the annual salary of the member pensioner immediately before he became a member pensioner and ⅙ of the amount arrived at by calculating the total amount that would have been payable to the member pensioner by way of additional salary— (i) upon the assumption that the rates of additional salary applicable immediately before he became a member pensioner had applied during the whole of his period of service; and (ii) where he held prescribed offices during his period of service for a total period of more than 6 years—by taking into account only periods of his service for which he held prescribed office that equal in aggregate 6 years, those periods that would have been the most remunerative for him in terms of additional salary at the rates referred to in subparagraph (i) being first taken into account and (if necessary) those periods that would have been the next most remunerative for him in terms of additional salary at those rates being next taken into account and so on until the periods equal in aggregate 6 years. (4) For the purposes of subsection (3)— (a) if a member pensioner had not elected to make contributions in respect of the additional salary paid for a period of service in a prescribed office commencing after the commencement of this Act and concluding on or before the commencement of the Parliamentary Superannuation Act Amendment Act (No. 2) 1978, that period of service shall not be regarded as a period of service in a prescribed office; (b) if a member pensioner held a prescribed office during the member pensioner's period of service and the prescribed office did not exist immediately before the member pensioner became a member pensioner, the rate of additional salary applicable to that office immediately before the member pensioner became a member pensioner shall be deemed to be a rate of salary determined by the Board having regard to the rate of additional salary last applicable to that office before the member pensioner became a member pensioner and the movements (if any) in salaries and additional salaries up to the date on which the member pensioner became a member pensioner; (c) if— (i) a member pensioner held a prescribed office during the member pensioner's period of service; and (ii) the additional salary payable in respect of that prescribed office was, in comparison with the additional salaries payable in respect of other prescribed offices, proportionately less, immediately before the member pensioner became a member pensioner, than it was at any time at which the member pensioner actually held that office; and (iii) the Board is of the opinion that a determination under this paragraph is necessary in order to avoid substantial injustice, the rate of additional salary applicable to that office immediately before the member pensioner became a member pensioner shall be deemed to be the rate of salary determined by the Board on the assumption that the additional salary in question had not been reduced in comparison to additional salaries payable in respect of other prescribed offices. 25—Pension for spouse of deceased PSS 1 member (1) Where a PSS 1 member dies, there shall be payable to the spouse of that member— (a) an annual pension equal to 75 per cent of the pension that would have been payable to the former member if, on the day that he died, he had retired in the circumstances referred to in section 18; or (b) an annual pension equal to 40 per cent of the relevant amount, whichever is the greater. the relevant amount has the same meaning as in section 24. 25A—Pension for spouse of PSS 2 member pensioner (1) An annual pension is payable to the spouse of a deceased PSS 2 member pensioner. (2) The pension is equal to 75 per cent of the pension payable to the member pensioner immediately before he or she died or that would have been payable to the member pensioner if his or her pension had not been preserved, reduced or suspended under this Act. 25B—Pension for spouse of deceased PSS 2 member (1) Where a PSS 2 member dies an annual pension is payable to the spouse of the deceased member. (2) The pension is the greater of the following: (a) an annual pension equal to 75 per cent of the pension that would have been payable to the former member if, on the day on which he or she died, he or she had retired in the circumstances referred to in section 18; (b) an annual pension equal to 75 per cent of 41.2 per cent of the salary payable to the member immediately before he or she died. 25C—Interpretation (1) For the purposes of this Division, a former member will be taken to have been a member when he or she died if a judge is satisfied that, upon the expiration of the member's term of office or upon the member's resignation, the member genuinely sought to be elected at an election for the Parliament of this State (whether or not for the same electorate or the same House), another State or the Commonwealth (being an election not later than the next general election for that Parliament occurring after the former member ceased to be a member) but that the member died before the election took place. 26—Spouse pension A spouse pension payable under this Division shall be payable for the life of the spouse. 26AAA—Spouse entitlement subject to any Family Law determination A surviving spouse will not be entitled to a benefit under this Division where section 23J applies to the spouse and the amount of any benefit payable to any other spouse must take into account any reduction that has been made under section 23I.