Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p26
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 26/48)
Character Range: 93929–96542

the member in respect of the period were forfeited under regulations made under the Defence Act 1903 and an amount equal to the amount of the salary and allowances so forfeited was not subsequently paid, and is not payable, under those regulations to him or her;
he or she is not entitled to invalidity benefits under this Division.
(2) This rule does not apply in a case where CSC is satisfied that the absence of the member was due to sufficiently mitigating circumstances.
Division 3—Person Rejoining the Scheme
Suspension of pension of retirement pensioner other than invalidity retiree
35. Where a person who is in receipt of a pension under Division 1 again becomes a member, the pension is suspended for the duration of his or her membership and is not payable while it is suspended.
Cancellation of pension etc. of invalidity retiree
36. Where a person, who was a member and was retired on the ground of invalidity, again becomes a member:
     (a) any determination of his or her incapacity in relation to civil employment and consequent classification or reclassification, under rule 22 or 23, is cancelled; and
     (b) if he or she was, immediately before again becoming a member, a person to whom an invalidity pension was payable, his or her entitlement to that pension is cancelled; and
     (c) when the person again retires, he or she is not treated as having been retired on the ground of invalidity only by reason of his or her retirement on that ground from his or her earlier period of service.
Continuation of previous election to cease paying contributions
37. Where:
     (a) immediately before a person ceased to be a member, the person was, in consequence of an election made by him or her under subrule 5 (2), not paying contributions; and
     (b) the person again becomes a member;
that election is taken to be again in force in relation to the member as if it had been made after the member again became a member.
Part 5—Spouses' and Children's Benefits
Division 1—Death of a Member
Applicability of benefits
38. Where a member dies and is survived by a spouse or spouses or an eligible child or children, benefits are payable in accordance with this Division.
Payment of deceased member's member benefit
39. A deceased member's member benefit is payable as a lump sum as follows:
     (a) if the deceased member is survived by a spouse, the benefit is payable to the spouse;
     (b) if the deceased member is not survived by a spouse but is survived by an eligible child or children, the benefit is payable to, or for the benefit of, the child or children;
     (c) if the deceased