Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 44

  (1)   A widow or widower whose entitlement to a pension under section   39 has ceased on his or her remarriage may apply to CSC for:

  (a)   restoration of the pension; or

  (b)   restoration of the full rate of the pension.

  (2)   If CSC is satisfied that the widow or widower's entitlement to a pension ceased on his or her remarriage, CSC must, in writing, grant the pension at the rate at which the pension would have been payable to the widow or widower if the pension had not ceased.

  (3)   The pension is payable to the widow or widower at that rate from the day on which CSC receives the application.

  (4)   If CSC grants a person a pension under this section at a particular rate, the grant at that rate does not affect:

  (a)   any other person's entitlement under this Act to any other pension benefit; or

  (b)   the rate of such a pension benefit.