82Commutation of pension on death of non-member spouse

82 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.

(2)  For the purposes of subregulation (1) , the commutation factors are to be determined by the Commission on the advice of the Actuary.

(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.

(4)  A lump sum payment calculated under subregulation (1) 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.

(5)  A share of a pension payable to a non-member spouse under this Part ceases –

(a) on the death of the relevant member spouse; or

(b) if a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension.