52TPayment of deferred benefit

#### 52T Payment of deferred benefit 52T Payment of deferred benefit > > (1) A deferred benefit is to be paid in accordance with this section. > > > (2) In a case other than death of the person to whom this Division applies, payment is to be made to the person of the deferred pension, if any, and the deferred commuted component, if any, adjusted in accordance with this Division. > > > (3) If the person to whom this Division applies dies and is survived by a spouse or de facto partner, payment is to be made to the spouse or de facto partner of— > > > > > (a) a fortnightly pension at the rate of two-thirds of the pension, as adjusted, which would have been payable to the person, on the day immediately preceding the day of the person’s death, if no election to commute any part of the person’s benefit had been made, and > > > > > (b) where applicable, the deferred commuted component, as adjusted, which would have been payable to the person had the person retired on the day immediately preceding the day of the person’s death, and > > > > > (c) amounts in accordance with this Act in respect of any eligible children. > > > (4) If the person to whom this Division applies dies and is not survived by a spouse or de facto partner, payment is to be made— > > > > > (a) to the estate of the deceased of— > > > > > > > (i) where applicable, the deferred commuted amount, as adjusted, or > > > > > > > (ii) an amount calculated in accordance with section 38A which would have been payable to the person on the day immediately preceding the day of the person’s death, > > > > > > whichever is the greater, and > > > > > (b) of amounts in accordance with this Act in respect of any eligible children. > > **ss 52S–52V:** Ins 1990 No 99, Sch 3.