Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 8B

             (1)  In this section:

"deceased person" means a person who was, at the time of his or her death, an eligible employee or a retirement pensioner.

             (2)  For the purposes of this Act, a person is a spouse who survives a deceased person if the person had a marital or couple relationship with the deceased person at the time of the death of the deceased person (the death ).

             (3)  In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if:

                     (a)  the person had previously had a marital or couple relationship with the deceased person; and

                     (b)  the person did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and

                     (d)  in the Board's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.