94Rate of spouse’s standard pension on death of age or early retirement pensioner

#### 94 Rate of spouse’s standard pension on death of age or early retirement pensioner (1) If, at any time, the spouse of a category 1 deceased pensioner is entitled to spouse’s standard pension under paragraph 93(1)(a), then, subject to subsection (2A), the annual rate of that pension is: (a) if at that time there are no children of the pensioner who are eligible children—67% of the annual rate (pensioner rate) at which standard age retirement pension or standard early retirement pension (as the case may be) was payable to the pensioner immediately before his or her death; or (b) if at that time only one child of the pensioner is an eligible child—78% of the pensioner rate; or (c) if at that time 2 children of the pensioner are eligible children—89% of the pensioner rate; or (d) if at that time 3 or more children of the pensioner are eligible children—100% of the pensioner rate. (2) If, at any time, the spouse of a category 2 deceased pensioner is entitled to spouse’s standard pension under paragraph 93(1)(a), then, subject to subsection (2A), the annual rate of that pension is: (a) if at that time there are no children of the pensioner who are eligible children—85% of the annual rate (pensioner rate) at which standard age retirement pension or standard early retirement pension (as the case may be) was payable to the pensioner immediately before his or her death; or (b) if at that time only one child of the pensioner is an eligible child—97% of the pensioner rate; or (c) if at that time 2 or more children of the pensioner are eligible children—108% of the pensioner rate. (2A) If the spouse of the deceased pensioner had a late short‑term marital or couple relationship with the pensioner, spouse’s standard pension is payable to the spouse at the rate applicable under section 96AB. (3) Despite subsections (1), (2) and (2A), if, on any of the 7 pension pay days immediately following the death of the pensioner, spouse’s standard pension would, apart from this subsection, be payable to the spouse of the deceased pensioner at a rate that is less than the rate (pensioner rate) at which standard age retirement pension or standard early retirement pension (as the case may be) would be payable to the deceased pensioner on that day if he or she had not died, spouse’s standard pension is payable to the spouse on that day at a rate equal to the pensioner rate.