Superannuation Act 1976

The spouse of a deceased eligible employee (being an eligible employee whose period of prospective service is less than 8 years) who becomes entitled to spouse’s benefit by virtue of subsection 81(1) may, not later than 3 months after becoming so entitled, elect, by notice in writing to CSC, that, in lieu of benefit being payable in accordance with section 82, lump sum benefit be paid in accordance with this section.

Where a spouse makes an election under subsection (1) of this section, the lump sum benefit to which the spouse is entitled in accordance with this section is an amount equal to the lump sum benefit to which the deceased eligible employee would have been entitled under subsection 69(2) or (3) (as the case may be) if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity benefit and had made an election under section 69.

A spouse who makes an election under section 83 is not entitled to make an election under subsection (1) of this section.