Document ID: chunk:federal_register_of_legislation:C2024C00465:section:49
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 49
Character Range: 125587–126969

49  Death of contributing member after 60 days absence without leave
 (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.

Part VIA—Family law superannuation splitting

Division 1—Preliminary