Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p28
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 28/48)
Character Range: 98575–101108

4 of the deceased member's notional invalidity pension and if he or she so elects the benefit is so converted; or
     (b) instead of that employer benefit being paid in full to him or her, a specified part of that benefit, being not less than one‑half of the benefit, be converted into a pension payable to him or her at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased member's reduced notional invalidity pension and if he or she so elects:
          (i) that part of the benefit is so converted; and
          (ii) the balance of the benefit is payable to him or her as a lump sum.
(3) An employer benefit payable under subrule (1) is calculated as if, on the date of the death of the deceased member, he or she had become entitled to invalidity benefits under Division 2 of Part 3 and had been classified as Class A under rule 22.
(4) Subrules (2) and (3) do not apply where:
     (a) a member dies and, at the time of his or her death, he or she was absent without leave and had been so absent for a period that exceeds 21 consecutive days; and
     (b) the salary and allowances of the deceased member in respect of the period of absence without leave were forfeited under regulations made under the Defence Act 1903 and an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the deceased member's personal representative;
unless CSC is satisfied that the absence of the member was due to sufficiently mitigating circumstances.
(5) In this rule:
"notional invalidity pension", in relation to a deceased member, means the invalidity pension that would have been payable to the deceased member if, on the date of his or her death, he or she had become entitled to invalidity benefits under Division 2 of Part 3 and had been classified as Class A under rule 22;
"reduced notional invalidity pension", in relation to a deceased member, means the invalidity pension that would have been payable to the deceased member if, on the date of his or her death:
     (a) he or she had become entitled to invalidity benefits under Division 2 of Part 3; and
     (b) he or she had been classified as Class A under rule 22; and
     (c) the amount of his or her employer benefit were the amount which his or her spouse elected under paragraph (2) (b) to convert into a pension.
Division 2—Death of Retirement Pensioner
Applicability of benefits
41. Where a retirement pensioner dies and is survived by a spouse or