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(3) (Repealed)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, 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).