Superannuation Act 1976

This section applies to the spouse of a deceased eligible employee (being an eligible employee whose period of contributory service is not less than 8 years) who:

is entitled to spouse’s benefit by virtue of subsection 81(2); and

does not make an election under section 86 or 87.

The annual rate of spouse’s pension of a spouse to whom this section applies is 67 per centum of the annual rate of invalidity pension to which the deceased eligible employee would have been entitled under section 70 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 pension in accordance with that section.

If, at any time when spouse’s pension is payable to a spouse to whom this section applies, there are children of the deceased eligible employee who are eligible children then, in the application of subsection (2) at that time to the spouse, the reference in subsection (2) to 67 per centum shall be read as a reference to:

where there is 1 eligible child—78 per centum;

where there are 2 eligible children—89 per centum; or

where there are 3 or more eligible children—100 per centum.

Where a spouse to whom this section applies is the spouse of a deceased eligible employee who had paid supplementary contributions, the lump sum benefit to which the spouse is entitled is an amount equal to the accumulated supplementary contributions of the deceased eligible employee.