Document ID: chunk:federal_register_of_legislation:C2023A00029:clause:9_2
Version: federal_register_of_legislation:C2023A00029
Segment Type: clause
Provision Reference: sch 9 cl 2
Character Range: 174959–176527

2  After subsection 307‑70.02(1)
Insert:
 (1A) Paragraphs (1)(a) and (ba) do not apply to any of the following:
 (a) a pension payable under subsection 39(1) of the Defence Force Retirement and Death Benefits Act 1973 if:
 (i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to the deceased member mentioned in that subsection; and
 (ii) that invalidity pay commenced on or after 20 September 2007;
 (b) a pension payable under subsection 42(1) of the Defence Force Retirement and Death Benefits Act 1973 if:
 (i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to a member (as mentioned in subsection 42(3)); and
 (ii) that invalidity pay commenced on or after 20 September 2007;
 (c) a pension payable under subsection 43(1) of that Act if:
 (i) that pension is payable because invalidity pay (within the meaning of that Act) was payable to a member (as mentioned in subsection 43(3)); and
 (ii) that invalidity pay commenced on or after 20 September 2007;
 (d) a pension payable under subrule 42(1) or (3) of the Rules (within the meaning of the Military Superannuation and Benefits Act 1991) if:
 (i) the deceased retirement pensioner's pension mentioned in that subrule was an invalidity pension (within the meaning of those Rules); and
 (ii) that invalidity pension commenced on or after 20 September 2007;
 (e) a pension payable under subrule 46(1) of those Rules if the deceased person's notional pension mentioned in that subrule was a pension covered by paragraph (d).