31AMinimum benefit payable in respect of pensioner who dies

31A Minimum benefit payable in respect of pensioner who dies

31A Minimum benefit payable in respect of pensioner who dies

(1) If a pensioner dies without leaving a spouse or de facto partner to whom pension is payable under this Act, nor a child in respect of whom pension is payable under this Act, there is payable to the personal representatives of the pensioner an amount calculated by deducting from the minimum benefit payable in respect of the pensioner the total of all benefits paid to the pensioner under this Act.

(2) If a pensioner dies leaving a surviving spouse or de facto partner, and the surviving spouse or de facto partner dies, and there is no child of the pensioner or spouse or de facto partner in respect of whom pension is payable under this Act, there is payable to the personal representatives of the pensioner an amount calculated by deducting from the minimum benefit payable in respect of the pensioner the total of—

(a) all benefits paid to the pensioner under this Act, and

(b) all benefits paid as a consequence of the death of the pensioner to the spouse or de facto partner or any other person under this Act.

(3) If a pensioner dies leaving a surviving spouse or de facto partner to whom pension is payable under this Act, and no child of the pensioner or spouse or de facto partner in respect of whom pension is payable under this Act, and the surviving spouse or de facto partner elects to commute the whole of that pension under section 21C, there is payable to the spouse or de facto partner, on that election taking effect, whichever is the greater of the following amounts—

(a) the amount that would be payable under section 21C (but for this section), or

(b) the amount calculated by deducting from the minimum benefit payable in respect of the pensioner the total of—

(i) all benefits paid to the pensioner under this Act, and

(ii) all benefits paid as a consequence of the death of the pensioner to the spouse or de facto partner or any other person under this Act.

(4) If subsection (1), (2) or (3) would apply in respect of a pensioner, but for the pensioner leaving a child or children in respect of whom pension is payable under this Act (or would, but for this section, be so payable), STC may, if it considers it to be in the best interests of the child or children, apply this section as if there were no such child or children, in which case pension or pensions are not payable under this Act in respect of the child or children.