Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the spouse
or de facto partner of a former member was in receipt of a widow’s
pension payable under the repealed Act immediately prior to the coming
into operation of this Part, the spouse is entitled until death to be paid an
annual pension at the rate determined in accordance with subsection (2)
or (3), as the case requires.
(2) For the purposes
of subsection (1), the rate of annual pension payable to a spouse or de
facto partner is five-eighths of the rate of annual pension to which the
former member would, but for death, have been entitled from time to time under
the provisions of this Act.
(3) Where, with
respect to any period, the rate of annual pension payable to a spouse or de
facto partner pursuant to subsection (2) is less than the rate of annual
pension to which the spouse or de facto partner would have been entitled
under the repealed Act, the spouse or de facto partner shall, during that
period, be paid pension at that lastmentioned rate.
(4) The provisions of
section 19 relating to the circumstances in which the pension payable to
a spouse or de facto partner terminates upon re-marriage, may be restored
after re-marriage, and may be paid during re-marriage, apply to the payment of
pensions to spouses or de facto partners referred to in this section.
[Section 18 amended by No. 94 of 1975
s. 10; No. 3 of 2002 s. 91(1), (2) and 92; No. 34 of 2011
s. 15.]