Pensions in respect of children and orphans
46 Pensions in respect of children and orphans
In this clause—
dependent child, in relation to a deceased transferred contributor, means—
a child of that contributor who has not attained 16 years of age, or
a child of that contributor, who has attained 16 years of age but not 25 years of age and who is, in the opinion of the Board, receiving full-time education at a school, college or university and not ordinarily employed or engaged in working for remuneration,
and who in either case was, in the opinion of the Board, wholly or substantially dependent on the transferred contributor immediately before that contributor’s death.
notional pension, in relation to the spouse or de facto partner of a deceased transferred contributor or pensioner, means—
where the spouse or de facto partner is entitled to receive the pension provided by clause 41 (employer-financed pension—normal retirement with reversion), the pension that would have been payable to the deceased if he or she had elected to take the pension so provided and had lived, or
where the spouse or de facto partner is entitled to receive the pension provided by clause 44 (employer-financed pension—spouse or de facto partner), the pension that would have been payable to the deceased if he or she had suffered total and permanent invalidity instead of death and had elected to take the pension provided by clause 43 (employer-financed pension—invalidity with reversion).
pensioner means a person entitled to receive a pension payable in accordance with clause 15 (pension rights—exit after age 60), clause 16 (pension rights—total and permanent invalidity) or clause 17 (pension rights—death).
transferred contributor means a person who has become a contributor by virtue of clause 3 of Schedule 3 to the current Act (savings and transitional provisions) after having become a contributor to the earlier Fund by virtue of the operation of Schedule 6 to the earlier Act (transitional provisions—Local Government Pension Fund).
The provisions of this clause apply to the spouse or de facto partner of a deceased pensioner in the same way as they apply to the spouse or de facto partner of a deceased transferred contributor.
If a transferred contributor or a pensioner dies leaving a dependent child, the Board shall—
in respect of the child, pay a pension to the spouse or de facto partner of that deceased contributor or pensioner or the guardian of the child, or
if the Board thinks fit, expend the pension for the benefit of the child in such manner as it may determine.
A pensioner in respect of whom there exists a notional pension is entitled to only so much of the pension or pensions under subclause (3) as would, when added to the pensioner’s actual pension, not exceed that notional pension.
A pension payable under subclause (3) ceases to be payable in respect of a child when the child ceases to be a dependent child.
Subject to any periodical adjustment effected as a result of the operation of Part 7, the rate of pension payable under subclause (3) in respect of a child is—
if a parent of the child is living, a fortnightly amount of $58.86, or
in any other case, a fortnightly amount of $139.76.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.