Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 48A

  (1)   This section applies:

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

  (b)   there are 2 or more periods of effective service in relation to the member.

  (2)   Where:

  (a)   a member of the scheme dies before retirement; and

  (b)   on his or her death, no pension benefit is payable under this Part;

a lump sum payment of an amount worked out under subsection   (2A) is payable in respect of the member.

  (2A)   The amount of the lump sum payment referred to in subsection   (2) is:

  (a)   if paragraph   (b) does not apply--an amount equal to 1.5 times the member's contributions in respect of the last period of effective service of the member; 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.

  (3)   Where:

  (a)   a recipient member dies; and

  (b)   on his or her death, no pension benefit is payable under this Part; and

  (c)   the total amount of benefits paid or payable to the member after he or she last became a recipient member is less than 1.5 times the member's contributions in respect of the last period of effective service of the member;

a lump sum payment equal to the difference is payable in respect of the member.

  (4)   Where a lump sum is payable under subsection   (2) or (3) in respect of a deceased member of a scheme, no benefit is payable in respect of that member under any other section of this Act.

  (5)   Where:

  (a)   a member of the scheme died before retirement and, on or after his or her death, pension benefit was payable under this Part   in respect of the member; and

  (b)   no person is any longer entitled to such pension benefit; and

  (c)   the total amount of pension benefit paid or payable in respect of the member under this Part   is less than 1.5 times the member's contributions in respect of the last period of effective service of the member;

a lump sum payment equal to the difference is payable in respect of the member.

  (6)   Where:

  (a)   on or after the death of a recipient member, pension benefit was payable under this Act in respect of the member; and

  (b)   no person is any longer entitled to such pension benefit; and

  (c)   the sum of:

  (i)   the total amount of benefits paid or payable to the member after he or she last became a recipient member; and

  (ii)   the total amount of pension benefit paid or payable in respect of a member under this Part;

    is less than 1.5 times the member's contributions in respect of the last period of effective service of the member;

a lump sum payment equal to the difference is payable in respect of a member.

  (7)   If:

  (a)   a member of the scheme dies; and

  (b)   the total amount of benefits paid to the member before he or she last became a contributing member is less than 1.5 times the member's contributions in respect of the period, or periods, of effective service (other than the last period of effective service) of the member;

a lump sum payment equal to the difference is payable in respect of the member in addition to the amount payable under subsection   (2), (3), (5) or (6) (as the case may be) in respect of the member.

  (8)   A lump sum payable in respect of a member of the scheme under this section is to be paid to the personal representatives of the member or to such person or persons (if any) as CSC determines.