11BGrant of superannuation allowance to widows of former members dying before 12.4.1966

11B Grant of superannuation allowance to widows of former members dying before 12.4.1966

11B Grant of superannuation allowance to widows of former members dying before 12.4.1966

(1) Subject to subsection (2), where—

(a) a male former member of the police force to whom a superannuation allowance had been granted died before the commencement of the Police Regulation (Superannuation) Further Amendment Act 1966,

(b) that former member was married at the date of his death,

(c) his widow was his wife at the date of his retirement (whether by disablement or otherwise),

(d) his widow is not married, and

(e) his widow is—

(i) in the case of a widow who has not attained the age of 70 years—in receipt of a class of Commonwealth pension (as defined in section 7A (1)) that is the maximum amount of that class of Commonwealth pension that may be paid to her, without any reduction on account of income or property or both pursuant to the law of the Commonwealth under which the Commonwealth pension is paid, or

(ii) in the case of a widow who has attained the age of 70 years—in receipt of a Commonwealth pension (as so defined),

there may be paid to his widow upon her so making application the superannuation allowance hereinafter prescribed.

(2) For the purposes of this section, the prescribed superannuation allowance shall be—

(a) in the case of a widow who has not attained the age of 70 years—

(i) the maximum superannuation allowance that if received by the widow would not affect her eligibility to continue to receive the maximum amount of the class of Commonwealth pension she is in receipt of as referred to in subsection (1) (e) (i), or

(ii) the appropriate amount per fortnight,

whichever is the lesser, or

(b) in the case of a widow who has attained the age of 70 years—the appropriate amount per fortnight.

(2A) For the purposes of this section, the appropriate amount is—

(a) for the period commencing on and including 20 September 1974 and ending on and including the day preceding the next adjustment date—$25.72, or