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 (2) A partner is not entitled to receive— S. 37(2)(a) repealed by No. 110/1993 s. 75(2).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; S. 37(2A)(b) amended by No. 40/2010 s. 80(1). (b) if paragraph (a) does not apply, the Board must determine in accordance with subsection (2B) which of the persons who qualifies is to receive the pension or apportion it between them as the Board considers appropriate. S. 37(2B) inserted by No. 40/2010 s. 80(2). (2B) In making a determination under subsection (2A)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable— (a) the period of time for which that person was in a relationship with the member or pensioner; (b) the period of time since the relationship between that person and the member or pensioner has ended; (c) the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner; (d) whether that person has any dependent children from his or her relationship with the member or pensioner; (e) any submissions made by that person to the Board under subsection (2C); (f) any other factor that the Board considers relevant. S. 37(2C) inserted by No. 40/2010 s. 80(2). (2C) A person who was the partner of the deceased member or pensioner may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or pensioner. S. 37(3) amended by No. 110/1993 s. 75(3), substituted by No. 120/1994 s. 59(4), amended by No. 27/2001 s. 5(Sch. 3 item 5.7). (3) If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless— S. 37(3)(a) amended by Nos 27/2001 s. 5(Sch. 3 item 5.7), 40/2010 s. 79(3). (a) at the time that the person became the pensioner's partner, the pensioner was receiving a pension under section 34 or 63; or S. 37(3)(b) amended by No. 27/2001 s. 5(Sch. 3 item 5.7). (b) the person became the pensioner's partner at least 2 years before the pensioner's death. S. 37(4) amended by Nos 120/1994 s. 59(5), 27/2001 s. 5(Sch. 3 item 5.7), repealed by No. 40/2010 s. 81. S. 37(5) amended by No. 110/1993 s. 75(4), substituted by No. 27/2001 s. 5(Sch. 3 item 5.8). (5) A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving partner and as a former contributor but is entitled to whichever of those pensions is the greater. S. 38 amended by Nos 81/1988 s. 28(c), 19/1989 s. 16(Sch. items 50.1–50.6), 49/1992 s. 12(a)–(e), repealed by No. 120/1994 s. 57(c), new s. 38 inserted by No. 38/2009 s. 28.