95Rate of spouse’s additional pension on death of age or early retirement pensioner

#### 95 Rate of spouse’s additional pension on death of age or early retirement pensioner (1) If the spouse of a category 1 deceased pensioner is entitled to spouse’s additional pension under paragraph 93(1)(b), then, subject to subsection (1B), the annual rate of that pension is 67% of the annual rate at which additional age retirement pension or additional early retirement pension was payable to the pensioner immediately before his or her death. (1A) If the spouse of a category 2 deceased pensioner is entitled to spouse’s additional pension under paragraph 93(1)(b), then, subject to subsection (1B), the annual rate of that pension is 85% of the annual rate at which additional age retirement pension or additional early retirement pension was payable to the pensioner immediately before his or her death. (1B) If the spouse of the deceased pensioner had a late short‑term marital or couple relationship with the pensioner, spouse’s additional pension is payable to the spouse at the rate applicable under section 96AB. (2) Despite subsections (1), (1A) and (1B), if: (a) the pensioner did not make an election under section 64; and (b) on any of the 7 pension pay days immediately following the death of the pensioner, spouse’s additional pension would, apart from this subsection, be payable to the spouse of the deceased person at a rate that is less than the rate (pensioner rate) at which additional age retirement pension or additional 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 additional pension is payable to the spouse on that day at a rate equal to the pensioner rate.