Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, at any time after the day on which Schedule 3 to the Same - Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Act 2008 commenced (the start day ):
(a) a pension is not payable in respect of a person under section 55, 57 or 64 of this Act; and
(b) a pension benefit:
(i) is not payable to the person under section 42 of the Defence Force Retirement and Death Benefits Act 1973 , as in force on the start day; but
(ii) would have been payable to the person under that section if a deceased pensioner had been, at the time of his or her death, a recipient member under that Act;
CSC may grant, from a specified date, a pension to the person at a rate and on conditions that CSC determines in writing, having regard to any matters prescribed and any other matters it considers relevant.
(2) The specified date from which the pension is granted:
(a) must not be earlier than the start day; and
(b) unless CSC is satisfied that special circumstances exist that justify an earlier date being specified, must not be earlier than the date the grant is made.
(3) The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date had the person been, at the date of death of the deceased pensioner and at all times after that:
(a) the child of the deceased pensioner for the purposes of this Act; and
(b) an eligible child for the purposes of this Act.
(4) A determination made under subsection (1) is not a legislative instrument.
(5) The grant of a pension to a person under this section does not affect any other person's entitlement to a pension, or the rate of that pension, under another section of this Act.