37Pension to partner, children or adult children on death of revised scheme member who is a pensioner

37 Pension to partner, children or adult children on death of revised scheme member who is a pensioner

S. 37(1) amended by No. 49/1992 s. 11.

(1) On the death of a former revised scheme member who is a pensioner there is to be paid—

S. 37(1)(a) amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(a) unless subsection (2) applies, to the partner during his or her life a pension—

(i) equal to sixty-six and two-thirds per cent of the pension payable to the deceased at the time of his or her death; or

S. 37(1)(a)(ii) amended by No. 44/1989 s. 41(Sch. 2 item 40.1).

(ii) in the case of a deceased officer who has under section 39(5) converted part of his or her fortnightly pension entitlement to an equivalent entitlement by way of a lump sum payment or of a deceased officer in the railway service or a deceased person employed at the date of his or her death in the Public Transport Corporation whose pension entitlement has been reduced under section 51 of the Superannuation Act 1975, equal to sixty-six and two-thirds per cent of the pension that would have been payable to the deceased at the time of his or her death if he or she had not so converted part of his or her pension or if his or her pension entitlement had not been so reduced; or

(iii) at the rate of $130 per annum—

whichever is the greater; and

S. 37(1)(b) amended by Nos 120/1994
s. 59(2), 82/1996 s. 61, 40/2010 s. 79(2).

(b) to each child or adult child of the deceased pensioner a pension at the rate applicable under section 36(3) (adjusted in accordance with section 91 up to the date of death of the pensioner) or the rate of $312 per annum, whichever is the greater.

S. 37(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(2) A partner is not entitled to receive—

S. 37(2)(a) repealed by No. 110/1993 s. 75(2).

S. 37(2)(b) amended by Nos 120/1994
s. 57(b), 27/2001 s. 5(Sch. 3 item 5.7).

(b) at any one time more than 1 pension as the partner of a deceased pensioner but is entitled to receive whichever of those pensions is the greater.

S. 37(2A) inserted by No. 120/1994
s. 59(3), amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(2A) Despite anything to the contrary in this Part, only one pension is payable in the case of the death of a deceased member or pensioner to a partner and if after the Board has made reasonable enquiries more than one person should appear to the Board to qualify for that pension then—

(a) if the member or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Board must give effect to the expressed intentions;