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Public Sector Superannuation Reform (Parliamentary Superannuation) Regulations 2016
85Commutation of pension on death of non-member spouse
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### 85 Commutation of pension on death of non-member spouse
> > (1) If a share of a pension is payable to a non-member spouse under this Part, the Commission is to commute that share to a lump sum if that non-member spouse predeceases the member spouse in respect of whom the pension is being paid.
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> > (2) For the purposes of [subregulation (1)](#GS85@Gs1@EN) , the commutation factors are to be determined by the Commission on the advice of the Actuary.
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> > (3) A share of a pension paid or payable to a non-member spouse under this Part does not revert to the widow or widower of that non-member spouse on the death of that non-member spouse.
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> > (4) A lump sum payment calculated under [subregulation (1)](#GS85@Gs1@EN) is to be paid to the legal personal representative of the non-member spouse and is to be made in accordance with Part VIIIB of the Family Law Act.
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> > (5) A share of a pension payable to a non-member spouse under this Part ceases –
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> > > > (a) on the death of the relevant member spouse; or
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> > > > (b) if a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension.