New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 47

47 Pensions for certain spouses or de facto partners and their children

(1) Pension shall not, upon the death of a pensioner, be payable to a person who is the spouse or de facto partner of the deceased or in respect of any children of the spouse or de facto partner who are not children of the pensioner unless:

(a) in the case of the spouse or de facto partner of a pensioner receiving a pension under section 29, the person was the pensioner’s spouse or de facto partner:

(i) before becoming entitled to that pension, or

(ii) before the pensioner attained the maturity age and more than 3 years before the death of the pensioner, or

(b) in any other case, the person was the pensioner’s spouse or de facto partner before becoming entitled to a pension under this Act,

and unless the person remained the pensioner’s spouse or de facto partner until the date of death.

(2) Despite subsection (1), a pension is payable under section 31, on the death of a pensioner on or after the commencement of this subsection, to the spouse or de facto partner of the deceased pensioner if the spouse or de facto partner:

(a) became such a spouse or de facto partner after the deceased pensioner became entitled to a pension under this Act, and

(b) has or had in his or her marriage or relationship with the deceased pensioner a child, being:

(i) a child of the spouse or de facto partner and the deceased pensioner who was, in the opinion of the trustees, wholly or substantially dependent on the deceased pensioner at any time during the marriage or relationship, or

(ii) a child of the deceased pensioner who was conceived before and born alive after the death of the pensioner, and

(c) had been married to, or living in the relationship with, the pensioner for 3 years or more immediately before the death of the pensioner.

(3) Despite subsection (1), a pension reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years is payable under section 31, on the death of a pensioner, to the spouse or de facto partner of the deceased pensioner if the spouse or de facto partner:

(a) satisfies the requirements of subsection (2) (a) and (b), and

(b) had been married to, or living in the relationship with, the pensioner for less than 3 years immediately before the death of the pensioner.

Note: Section 31 provides for the rate of pension to be paid to the spouse or de facto partner on the death of a pensioner.