8The pension applicable to a child or adult child of a deceased member or pensioner shall be—

8 The pension applicable to a child or adult child of a deceased member or pensioner shall be—

Sch. 4 cl. 8(1) amended by No. 40/2010 s. 41(7)(b).

(1) If the partner of the member or pensioner is alive—

Sch. 4 cl. 8(1)(a) amended by No. 40/2010 s. 41(7)(c).

(a) where there is not more than three such children or adult children, an amount equal to 10 per cent of the member's or pensioner's pension;

Sch. 4 cl. 8(1)(b) amended by No. 40/2010 s. 41(7)(c)(d).

(b) where there are four or more such children or adult children, an amount equal to 30 per cent of the member's or pensioner's pension divided by the number of children and adult children in respect of whom the pension is for the time being payable—

or $312 per annum, whichever is the greater.

Sch. 4 cl. 8(2) amended by No. 40/2010 s. 41(7)(b)(e).

(2) If the partner of the member or pensioner is dead or divorced the pension applicable to a child or adult child shall be—

Sch. 4 cl. 8(2)(a) amended by No. 40/2010 s. 41(7)(e).

(a) where there is one such child or adult child, an amount equal to 45 per cent of the pension of the deceased member or pensioner;

Sch. 4 cl. 8(2)(b) amended by No. 40/2010 s. 41(7)(c).

(b) where there are two such children or adult children, an amount equal to 40 per cent of the pension of the deceased member or pensioner;

Sch. 4 cl. 8(2)(c) amended by No. 40/2010 s. 41(7)(c).

(c) where there are three such children or adult children, an amount equal to 30 per cent of the pension of the deceased member or pensioner;

Sch. 4 cl. 8(2)(d) amended by No. 40/2010 s. 41(7)(c)(d).

(d) where there are four or more such children or adult children, an amount equal to the pension of the deceased member or pensioner divided by the number of children and adult children in respect of whom the pension is for the time being payable—

or $624 per annum, whichever is the greater.

(3) In this clause pension of a member or pensioner means—

Sch. 4 cl. 8(3)(a) amended by No. 40/2010 s. 43(1)(2).

(a) on the death of a member before retirement, the pension to which the member would have been entitled if he or she had been of an age to retire at the time of his or her death; and

cl. 8(3)(b) amended by Nos 9460
s. 4(g), 40/2010 s. 43(1)(3).

(b) on the death of the member after retirement the pension payable to him or her at the time of his or her retirement.

Sch. 4 cl. 8(4) amended by No. 40/2010 s. 41(7)(e).

(4) Where but for this clause pensions would be payable in respect of a child or adult child as a child or adult child of more than one member only the pension which is the greater shall be payable in respect of that child or adult child.