Superannuation Act 1916

A pension of the appropriate amount per fortnight under section 61N is payable in respect of a child on the death of a person referred to in section 52A (1) (the former employee) who has not received a benefit under this section if the conditions set out in subsections (2)–(3A) are satisfied.

The child must be a child of the former employee or a child of a spouse or de facto partner of the former employee.

The other parent of the child or the spouse or de facto partner of the former employee who was a parent of the child—

must have died before the former employee’s death, or

must have been divorced from the former employee, or

must have been in a registered relationship or interstate registered relationship, within the meaning of the Relationships Register Act 2010, or a de facto relationship, with the former employee that ended before the former employee’s death.

If the child is not a child of the former employee—

in a case where the spouse or de facto partner who is the parent of the child is divorced from or the former de facto partner of the former employee, the child must have been born or adopted before the divorce or end of the relationship, and

in any case, the child must have been ordinarily part of the former employee’s household at the time of the death of the spouse or de facto partner, divorce or end of the relationship.

Where a pension ceases to be payable under section 52FA in respect of a child because the surviving parent dies, a pension of the appropriate amount per fortnight under section 61N is payable in respect of the child.

This Act applies to and in respect of a child in respect of whom a pension is payable under this section in the same way as it applies to and in respect of a child in respect of whom a pension is payable under Division 2, and so applies as if the pension payable under this section were a pension payable under Division 2 by virtue of the death of a contributor.

In this section—