51Member dying in service—alternatives available

51 Member dying in service—alternatives available

51.1 Subject to this Part, if a member dies leaving a widow or widower, as the case requires, who is, or is to be taken to be, the designated beneficiary of the member, the widow or widower is entitled, at his or her election:

 (a) to be paid a pension for his or her life, or until his or her remarriage at a rate per annum that—

 (i) in the case of a widow or widower of a member who did not make an election under section 34—is equal to 1/2; or

 (ii) in any other case—is equal to 5/8

  of the rate per annum of the pension to which the member would have been entitled under subsection 50.1 if he or she had, on the day of his or her death, been compulsorily retired because of invalidity or incapacity and had satisfied the requirements of subsections 50.5 and 50.6; or

 (b) to be paid:

 (i) an amount equal to the moneys that would, under section 20 or 21, have been paid to the widow or widower if the member had not been contributing to the Fund; and

 (ii) if the rate per annum of that pension exceeds the rate per annum of the annuity that could be purchased for the widow or widower for his or her life with the amount referred to in subparagraph 51.1(b)(i)—a pension for his or her life, or until his or her remarriage, at a rate per annum equal to the excess.

51.2  A widow or widower who is entitled to be paid the pension referred to in paragraph 51.1(a) is entitled, in addition to that pension, to a pension at the rate of $208 per annum in respect of each child in his or her custody who is under the age of 16 years, or, if the child is attending a school, college or university as a full-time student, 21 years.

51.3 If:

 (a) a widow or widower is entitled to benefits under this section; and

 (b) the share of the deceased member in the Supplementary Superannuation Benefits Fund had been transferred to the 1966 Supplementary Superannuation Benefits Fund by virtue of subsection 39.2,

there is to be payable to the widow or widower, in addition to any amount payable to him or her under this section, an amount equal to the amount, if any, that is ascertained by deducting from that share the amount that had been applied under subsection 39.3 towards reducing the contributions payable by the deceased member to the 1966 Supplementary Superannuation Benefits Fund.

51.4 The widow or widower of a member is not entitled to benefits under this section unless, in any case in which the University has a lien or charge on the policy of the member by virtue of section 19, she or he discharges, or enters into an arrangement with the Council to discharge, that lien or charge.

51.5 If a member dies, and at the date of his or her death, the member’s husband or wife is dead, the amount referred to in subsection 51.3 is to be paid to the University and the University is to dispose of that amount as if it were moneys to which subsection 20.1 applied.