Superannuation Act 1976

Where the spouse of a deceased pensioner is entitled to spouse’s pension by virtue of subsection 93(2), the annual rate of that pension is, subject to subsection (2A), 67 per centum of the annual rate at which invalidity pension was payable to the deceased pensioner immediately before the pensioner’s death.

If, at any time when spouse’s pension is payable to the spouse under subsection (1), there are children of the deceased pensioner who are eligible children, then, in the application of subsection (1) at that time to the spouse, the reference in subsection (1) 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.

If the spouse of the deceased pensioner had a late short‑term marital or couple relationship with the pensioner, spouse’s pension is payable to the spouse at the rate applicable under section 96AB.

In spite of subsections (1) and (2), on each of the 7 pension pay days immediately following the death of a pensioner referred to in subsection 93(2), spouse’s pension is payable to the spouse of the deceased pensioner at the same rate at which invalidity pension would be payable to the deceased pensioner on that day if he or she had not died.