Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1992 No. 187, 1992 - SECT 34

34. Section 136 of the Principal Act is amended:

   (a)  by omitting paragraph (2)(b) and substituting the following paragraph:

"(b) if:

        (i)    a deferred benefit by way of additional age retirement pension
               is payable to the person in accordance with subsection 57(1);
               or

        (ii)   a deferred benefit by way of additional early retirement
               pension is payable to the person in accordance with subsection
               61(1); the annual rate of that pension is an amount per annum
               equal to:

        (iii)  if an event mentioned in subsection 139AA(2) has not happened
               in relation to the person - the amount calculated in accordance
               with the formula:
F 1 X AC; or

        (iv)   if such an event has happened in relation to the person before
               the day on which the deferred benefit becomes payable, or
               happens on that day - the amount calculated in accordance with
               the formula:
F 1 X (AC + AEC);";

   (b)  by inserting after subsection (2B) the following subsections:

"(2BA) In spite of subsection (2B), on each of the 7 pension paydays
immediately following the death of a person in respect of whom an amount of
benefit is calculated in accordance with paragraph (2B)(j), (k) or (m),
pension mentioned in that paragraph is payable at the rate at which pension
would have been payable to that person on that day if the person had not died.

"(2BB) Where pension is payable as mentioned in subsection (2BA), section 96A
applies as if the pension were payable in accordance with subsection 94(3),
95(2) or 96(3).".