(1) On the death of a male pensioner, pension is, subject to sections 46A and
47, payable to his spouse or de facto partner, at the rate of two-thirds of
the pension payable to the pensioner at the time of his death.
(2) On the
death of a woman pensioner, pension is, subject to sections 46A and 47,
payable to her spouse or de facto partner, at the rate of two-thirds of the
pension payable to the pensioner at the time of her death.
(4)
Notwithstanding the foregoing provisions of this section, but subject to
section 47, where a pensioner referred to in subsection (1) or (2) had
contributed for not more than 4 units of pension and had received a pension
increase in terms of section 2 of the Superannuation (Amendment) Act 1970 ,
the pension payable to the pensioner's spouse or de facto partner shall not
exceed $20 per fortnight, but nothing in this subsection affects the operation
of Division 6.
(5) A reference in subsection (1) or (2) to a pensioner does
not include a person who is entitled to receive only a pension under this
section or section 30.