Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 47

  (1)   Where:

  (a)   a member of a scheme dies and, immediately before dying, the member:

  (i)   was in receipt of invalidity pay and classified as Class B or Class C under section   30; or

  (ii)   was entitled to invalidity benefit and classified as Class C (under section   30) because of a reclassification under subsection   34(1) but was not entitled to invalidity pay; and

  (b)   CSC is satisfied that the death of the member was due to:

  (i)   a physical or mental impairment that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the member was retired; or

  (ii)   a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph   (i);

then, for the purposes of section   39, subsection   42(3) and subsection   43(3), the rate at which invalidity pay was payable to the member immediately before his death shall be deemed to be the rate at which invalidity pay would have been payable to him if, immediately before his death, he had been classified as Class A under section   30.

  (2)   This section does not apply in relation to a member of the scheme who:

  (a)   is retired after the commencement of this subsection; and

  (b)   on his retirement, is classified as Class C under section   30 and is entitled to invalidity pay.