31Pension to spouse or de facto partner on death of pensioner

#### 31 Pension to spouse or de facto partner on death of pensioner 31 Pension to spouse or de facto partner on death of pensioner > > (1) On the death of a male pensioner, pension is, subject to sections 46A and 47, payable to his spouse or de facto partner, at the rate of two-thirds of the pension payable to the pensioner at the time of his death. > > > (2) On the death of a woman pensioner, pension is, subject to sections 46A and 47, payable to her spouse or de facto partner, at the rate of two-thirds of the pension payable to the pensioner at the time of her death. > > > (3) (Repealed) > > > (4) Notwithstanding the foregoing provisions of this section, but subject to section 47, where a pensioner referred to in subsection (1) or (2) had contributed for not more than 4 units of pension and had received a pension increase in terms of section 2 of the [Superannuation (Amendment) Act 1970](/view/pdf/asmade/act-1970-7), the pension payable to the pensioner’s spouse or de facto partner shall not exceed $20 per fortnight, but nothing in this subsection affects the operation of Division 6. > > > (5) A reference in subsection (1) or (2) to a pensioner does not include a person who is entitled to receive only a pension under this section or section 30. > > **s 31:** Am 1944 No 11, sec 7 (1) (b); 1948 No 9, sec 2 (1) (f); 1955 No 6, sec 10 (1) (a); 1960 No 36, secs 4 (1) (b), 6 (h); 1963 No 3, sec 10 (1) (b); 1965 No 37, sec 2 (1). Subst 1969 No 72, sec 3 (1) (h). Am 1970 No 7, sec 5 (1) (a); 1971 No 7, sec 3 (1) (e); 1972 No 66, sec 6 (k); 1976 No 101, Sch 6 (3); 1977 No 137, Schs 1 (11), 4 (3). Subst 1978 No 143, Sch 2 (9). Am 1983 No 21, Sch 8 (2); 1993 No 111, Sch 6 (27).