45APensions for certain spouses and de facto partners

45A Pensions for certain spouses and de facto partners

45A Pensions for certain spouses and de facto partners

(1) If a pension under clause 41 or 43 is payable to a transferred contributor, on the death of that contributor a pension as referred to in clause 45 (1) (b) is, despite clause 45 (4), payable to the spouse or de facto partner of the deceased contributor if the spouse or de facto partner—

(a) became such a spouse or partner after the deceased contributor elected to take the pension, and

(b) has or had in his or her marriage or relationship with the deceased contributor a child, being—

(i) a child of the spouse or de facto partner and the deceased contributor who was, in the opinion of the Board, wholly or substantially dependent on the deceased contributor at any time during the marriage or relationship, or

(ii) a child of the deceased contributor who was conceived before and born alive after the death of the contributor, and

(c) had been married to or the de facto partner of the deceased contributor for 3 years or more immediately before the death of the contributor.

(2) If a pension under clause 41 or 43 is payable to a transferred contributor, on the death of that contributor a pension as referred to in clause 45 (1) (b), reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years, is, despite clause 45 (4), payable to the spouse or de facto partner of the deceased contributor if the spouse or de facto partner—

(a) satisfies the requirements of subclause (1) (a) and (b), and

(b) had been married to or the de facto partner of the deceased contributor for less than 3 years immediately before the death of the contributor.

cl 45A: Ins 28.3.2003.