Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2) and to section 94, where:
(a) a member of the scheme dies before retirement and, at the time of his death, he was absent without leave and had been so absent for a period that exceeds 60 consecutive days;
(aa) in a case where the member dies on or after 3 July 1985--both of the following subparagraphs apply:
(i) the salary and allowances of the member in respect of the period of absence without leave are forfeited under regulations made under the Defence Act 1903 ;
(ii) an amount equal to the amount of the salary and allowances forfeited is not subsequently paid, and is not payable, under those regulations to the legal personal representative of the member; and
(b) retirement pay would not, if he had retired at the commencement of the period of absence without leave, have been payable to him;
benefit is not payable in respect of him under this Part.
(2) CSC may direct that subsection (1) does not apply in relation to a deceased member of the scheme if CSC is satisfied, within a period of 6 months after his death, that by reason that a person who, immediately before his death, was wholly or substantially dependent upon him is in necessitous circumstances, such a direction should be given.