26Pension rights—death

26 Pension rights—death

26 Pension rights—death

(1) If the spouse or de facto partner of a deceased transferred contributor becomes entitled to be paid—

(a) the benefit provided by section 38 of the current Act (benefit on death before early retirement age), or

(b) the benefit provided by section 37 of that Act (benefit at or after early retirement or on death at or after early retirement age),

that spouse or de facto partner may elect to convert to a pension in accordance with clause 44 (employer-financed pension—spouse or de facto partner) the benefit points to which that contributor was entitled at death.

(2) The benefit points in respect of which an election under subclause (1) may be made are the accrued benefit points and prospective benefit points which would have accrued to the transferred contributor had that contributor become entitled to a benefit under section 39 of the current Act (benefit on total and permanent invalidity before early retirement age).

(3) If the spouse or de facto partner of a transferred contributor does not elect to convert to a pension all of the benefit points referred to in subclause (2), the proportion of accrued benefit points and prospective benefit points which has not been so converted shall be applied towards the payment of a lump sum benefit in accordance with section 37 or 38 of the current Act, as the case may require.

cll 26: Am 28.3.2003.