Commonwealth Numbered Acts

SUPERANNUATION AMENDMENT ACT 1976 No. 32, 1976 - SECT 28

28. (1) After section 48 of the Principal Act the following sections are
inserted:- Restoration of widow's or widower's pension previously cancelled on
remarriage.
''48AA. (1) Where-

   (a)  a widow's or widower's entitlement to pension under sub-section (1) of
        section 46, or sub-section (1) of section 47, of this Act has ceased,
        before 1 July 1976, upon her or his remarriage; and

   (b)  the widow or widower makes application to the Commissioner for
        Superannuation for the restoration of the pension and the Commissioner
        is satisfied that the widow or widower is in necessitous circumstances
        or that the restoration of the pension is otherwise warranted, the
        Commissioner may direct that the widow's or widower's entitlement to
        pension be restored with effect from such date as the Commissioner
        specifies and, upon such a direction being given, the widow or widower
        again becomes entitled to pension from that date at a rate determined
        by the Commissioner (being a rate that does not exceed the rate at
        which the pension would have been payable if the entitlement had not
        ceased).

''(2) The date specified by the Commissioner under sub-section (1) of this
section in relation to the restoring of a widow's or widower's entitlement to
pension shall not, unless the Commissioner is satisfied that special
circumstances exist that justify an earlier date being so specified, be a date
earlier than the date of the direction, and shall not, in any event, be a date
earlier than 1 July 1976.

''(3) A direction by the Commissioner under this section shall be in writing.
Special grants of pension.
''48AB. (1) If, at any time after the commencement of the Superannuation Act 
1976 , a pension is not payable under section 47 or 48 of this Act to or in
respect of a person to or in respect of whom pension would be payable at that
time under Part VI of the Superannuation Act 1976 if a deceased pensioner
(including a pensioner who died before the commencement of the Superannuation 
Act 1976 ) would have been in receipt of a pension at the time of his death
under section 55 or 66 of that Act if that Act had come into force before he
ceased to be an employee, the Commissioner may grant, from such date as the
Commissioner specifies, a pension to or in respect of the person under
section  47 or 48 of this Act at such rate and on such conditions as the
Commissioner determines.

''(2) Where, at any time before the commencement of the Superannuation Act 
1976 , pension has been payable under sub-section (1) of section 47 of this
Act to the widow or widower of a deceased pensioner, the Commissioner for
Superannuation shall not, by virtue of sub-section (1) of this section, grant
a pension under sub-section (1) of section 47 of this Act to any other person.

''(3) The Commissioner shall not grant a pension under sub-section (1) of this
section to a person who, if the Superannuation Act 1976 had come into force
before the deceased pensioner referred to in sub-section (1) had died, would,
at the time of the deceased pensioner's death, have been a spouse of the
deceased pensioner for the purposes of that Act, unless the Commissioner is
satisfied that the person is in necessitous circumstances or that the granting
of the pension is otherwise warranted.

''(4) The grant by the Commissioner, by virtue of sub-section (1) of this
section, of a pension to or in respect of a person does not affect the
entitlement of any other person to a pension under this Act that is payable
otherwise than by virtue of grant of pension by virtue of sub-section (1) of
this section, or the rate of such a pension.

''(5) In sub-section (1), 'deceased pensioner' means a person who at the time
of his death was in receipt of a pension under section 43 or 45 of this Act or
would have been in receipt of such a pension but for its suspension under
section 64A or 65 of this Act. Minimum pension rates payable in respect of
children.
''48AC. (1) In this section-

'child's pension' means pension payable in respect of an eligible child under
sub-section (3) or (4) of section 46, sub-section (3) or (4) of section  47 ,
or sub-section (1) of section 48, of this Act;

'relevant percentage', in relation to a child's pension payable in respect of
an eligible child at any time means-

   (a)  if the pension is payable under sub-section (3) of section 46, or
        sub-section (3) of section 47, of this Act-

        (i)    in a case where the eligible child is, at that time, the only
               eligible child, or is one of 2 eligible children, of the
               deceased contributor or pensioner-11 per centum; or

        (ii)   in a case where the eligible child is, at that time, one of 3
               or more eligible children of the deceased contributor or
               pensioner-33 per centum divided by the number of those eligible
               children; or

   (b)  if the pension is payable under sub-section (4) of section 46,
        sub-section (4) of section 47 or sub-section (1) of section 48, of
        this Act-

        (i)    in a case where the eligible child is, at that time, the only
               eligible child of the deceased contributor or pensioner-45 per
               centum;

        (ii)   in a case where the eligible child is, at that time, one of 2
               eligible children of the deceased contributor or pensioner-40
               per centum;

        (iii)  in a case where the eligible child is, at that time, one of 3
               eligible children of the deceased contributor or pensioner-30
               per centum; or

        (iv)   in a case where the eligible child is, at that time, one of 4
               or more eligible children of the deceased contributor or
               pensioner-100 per centum divided by the number of those
               eligible children.

''(2) Where, but for this section, the rate of a child's pension would at any
time be less than the rate ascertained in accordance with sub-section (3) of
this section, pension shall be payable at that time at the rate so
ascertained.

''(3) The rate applicable to a child's pension payable in respect of an
eligible child at any time is-

   (a)  where the pension is payable under sub-section (3) or (4) of
        section 46 of this Act-the relevant percentage of the rate of pension
        that would have been payable under section 45 of this Act to the
        deceased contributor at that time if he had not died but had, on the
        day of his death, retired on the ground of invalidity;

   (b)  where the pension is payable under sub-section (3) or (4) of
        section 47 of this Act-the relevant percentage of the rate of pension
        that would have been payable under section 43, 43A, 44 or 45 of this
        Act to the deceased pensioner at that time if he had not died; or

   (c)  where the pension is payable under sub-section (1) of section 48 of
        this Act-the relevant percentage of-

        (i)    in a case where the eligible child is the child of a deceased
               contributor-the rate of pension that would have been payable
               under section 45 of this Act to the deceased contributor at
               that time if he had not died but had, on the day of his death,
               retired on the ground of invalidity; or

        (ii)   in a case where the eligible child is the child of a deceased
               pensioner-the rate of pension that would have been payable
               under section 43, 43A, 44 or 45 of this Act to the deceased
               pensioner at that time if he had not died. Application of
               section 47 on and after 1 July 1976.
''48AD. In the application of section 47 of this Act in respect of a pensioner
who dies on or after 1 July 1976 leaving a widow or widower-

   (a)  the reference in sub-section (1) to the fraction of five-eights shall
        be read as a reference to 67 per centum; and

   (b)  the reference in that sub-section to the fraction of one-half shall be
        read as a reference to 54 per centum.''.

(2) Where, on the pension pay-day occurring on 1 July 1976, the rate of a
child's pension is, by virtue of sub-section 48AC (2) of the Principal Act as
amended by this Act, higher than the rate at which it would otherwise have
been payable on that day, the instalment of pension payable on that day shall
be such amount as would have been payable if the higher rate had been
applicable on that day and on each of the preceding 13 days.