Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 99

99. (1) Where-

   (a)  an eligible employee dies before attaining his maximum retiring age;

   (b)  his period of prospective service is less than 8 years but not less
        than 1 year;

   (c)  there was not in force in respect of him immediately before his death
        a benefit classification certificate or, if such a certificate was in
        force in respect of him immediately before his death, the Commissioner
        is of the opinion that his death was not caused, and was not
        substantially contributed to, by a physical or mental condition or
        conditions specified in the certificate or by a physical or mental
        condition connected with such a condition or such conditions;

   (d)  he is not survived by a spouse but is survived by a person or persons
        who is or are his child or children, being a child who is, or children
        at least one of whom is, an eligible child; and

   (e)  the Commissioner is of the opinion that no other surviving child of
        the deceased eligible employee who is not an eligible child
        immediately after his death is likely to become an eligible child,
        then, upon application in writing being made to the Commissioner not
        later than 1 month after the date of the eligible employee's death by
        or on behalf of the eligible child or eligible children, the
        Commissioner may, in his discretion, direct that, in lieu of benefit
        being payable in accordance with section 98 in respect of the
        eligible child or eligible children, a lump sum benefit be payable in
        accordance with sub-section (2) of this section and, where the
        deceased eligible employee had paid supplementary contributions, an
        additional lump sum benefit be payable in accordance with sub-section
        (3) of this section.

(2) Where the Commissioner gives a direction under sub-section (1) of this
section in relation to an eligible child or eligible children of a deceased
eligible employee, there is payable in respect of the eligible child or
eligible children a lump sum benefit of an amount equal to the amount of the
lump sum benefit to which the decreased eligible employee would have been
entitled under sub-section 69 (2) if he had not died, but had, on the day
immediately following the date of his death, become entitled to an invalidity
pension and had made an election under section 69.

(3) Where the Commissioner gives a direction under sub-section (1) in relation
to an eligible child or eligible children of a deceased eligible employee who
had paid supplementary contributions, there is payable, out of the Fund, in
respect of the eligible child or eligible children a lump sum benefit of an
amount equal to the accumulated supplementary contributions of the deceased
eligible employee.