Document ID: chunk:federal_register_of_legislation:C2016C00054:section:8:p2
Version: federal_register_of_legislation:C2016C00054
Segment Type: section
Provision Reference: s 8 (pt 2/3)
Character Range: 14744–17236

payable to her husband at the relevant time if:
 (A) in a case to which clause (B) does not apply—he had not died and, in a case where he had commuted a portion of his pension, he had not done so; or
 (B) in a case where he died before retirement or where pension is, under subsection 57(3) of the Defence Forces Retirement Benefits Act 1948, payable to the widow as if her husband had so died—he had not died but, at the time of his death, had retired on the grounds of invalidity and had been classified as class A under subsection 51(2) of the Defence Forces Retirement Benefits Act 1948;
 (ii) in the case of a widow whose husband made an election under subsection 47(6) of the Defence Forces Retirement Benefits Act 1959 and an election under section 61A or 61B of the Defence Forces Retirement Benefits Act 1963 or that Act as amended and in force at any time and, after the date on which the later election took effect, he revoked the former election—the amount remaining after deducting from the amount of the annual pension payable to her at the relevant time an amount equal to:
 (A) in a case to which clause (B) does not apply—one‑half of the amount that, if her husband had not died, and, in a case where he had commuted a portion of his pension, he had not done so, would, for the purpose of ascertaining the non‑contributory portion of the amount of the annual pension payable to him at the relevant time, have been deducted under paragraph (a) from the amount of the annual pension payable to him at that time; and
 (B) in a case where her husband died before retirement or where pension is, under subsection 57(3) of the Defence Forces Retirement Benefits Act, payable to her as if her husband had so died—one‑half of the amount that, if her husband had not died but, at the time of his death, had retired on the ground of invalidity and had been classified as class A under subsection 51(2) of the Defence Forces Retirement Benefits Act 1948, would, for the purpose of ascertaining the non‑contributory portion of the annual pension payable to him at the relevant time, have been deducted under paragraph (a) from the amount of the annual pension payable to him at that time; and
 (iii) in any other case—so much of the amount of the annual pension as is equal to five‑eighths of the amount that would have been the non‑contributory portion, as ascertained under paragraph (a), of the amount of the annual pension payable to the husband of the widow at the relevant time if: