Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 48

  (1A)   This section applies:

  (a)   where a member of the scheme dies; and

  (b)   there is only one period of effective service in relation to the member.

  (1)   Where a member of the scheme dies before retirement and, on his death, no pension benefit is payable under this Part, a lump sum payment of an amount worked out under subsection   (1AA) shall be paid to the personal representatives of the member, or failing them, to such persons, if any, as CSC determines, and no other benefit under this Act is payable in respect of the member.

  (1AA)   The amount of the lump sum payment referred to in subsection   (1) is:

  (a)   if paragraph   (b) does not apply--an amount equal to 1.5 times the amount of the member's contributions; or

  (b)   if:

  (i)   the member's surcharge debt account is in debit when the payment becomes payable in respect of the member; and

  (ii)   an election has been made under subsection   124(2) in relation to the member's surcharge deduction amount;

an amount equal to the difference between the amount referred to in paragraph   (a) and the member's surcharge deduction amount.

  (2)   Where:

  (a)   a member of the scheme who is a recipient member dies and, on his death, no pension benefit is payable under this Part; and

  (b)   the aggregate amount of retirement pay or invalidity pay paid or payable to him before his death is less than an amount equal to one and one - half times the amount of his contributions;

a lump sum payment equal to the difference shall be paid to the personal representatives of the member, or failing them, to such persons, if any, as CSC determines, and no other benefit under this Act is payable in respect of the member.

  (3)   Where:

  (a)   a member of the scheme dies before retirement and, on his death, pension benefit is payable under this Part; and

  (b)   the aggregate amount of that pension benefit paid or payable in respect of him under this Part   is less than an amount equal to one and one - half times the amount of his contributions;

a lump sum payment equal to the difference shall be paid to the personal representatives of the member, or failing them, to such persons, if any, as CSC determines.

  (4)   Where:

  (a)   a member of the scheme who is a recipient member dies and, on his death, pension benefit is payable under this Part; and

  (b)   the aggregate amount of retirement pay or invalidity pay paid or payable to the member before his death and of pension benefit paid or payable in respect of him under this Part   is less than an amount equal to one and one - half times the amount of his contributions;

a lump sum payment equal to the difference shall be paid to the personal representatives of the member, or failing them, to such persons, if any, as CSC determines.

  (5)   In this section, a reference to the amount of retirement pay or invalidity pay paid or payable to a member of the scheme before the member's death shall be read as including the following:

  (a)   if an election has been made, by or on behalf of the member, under section   24 or 32A, to commute a portion of the retirement pay or invalidity pay, as the case may be, payable to the member--the amount paid or payable to or in respect of the member under paragraph   24(3)(a) or 32A(5)(a), as the case may be, by virtue of that election;

  (b)   if the member's retirement pay or invalidity pay is reduced under section   49N to reflect a release authority lump sum paid in relation to a release authority issued to the member--the amount of the release authority lump sum.