Document ID: chunk:federal_register_of_legislation:C2012A00082:clause:2_4:p1
Version: federal_register_of_legislation:C2012A00082
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 1/2)
Character Range: 140725–143459

4  Validation of certain pensions—associates of members of DFRDB scheme

Scope
(1) This item applies if:
 (a) during the period:
 (i) beginning on 1 October 1991; and
 (ii) ending immediately before the commencement of this item;
  a pension commenced to be paid to a person (the first person); and
 (b) throughout a period (the interim period) ending at or before the commencement of this item, the following conditions were satisfied:
 (i) the pension purported to be a benefit payable to the first person under the Defence Force Retirement and Death Benefits Act 1973;
 (ii) the whole or a part of the pension (which whole or part is in this item called the relevant portion) was not payable; and
 (c) at a particular time before 1 July 2008:
 (i) another person (the second person) purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or
 (ii) another person (the second person) purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and
 (d) the election was invalid; and
 (e) the relevant portion would have been payable if:
 (i) if subparagraph (c)(i) applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
 (ii) if subparagraph (c)(ii) applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and
 (f) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.

Recovery of overpayment
(2) The total amount of the relevant portion paid to the first person during the interim period:
 (a) is a debt due to the Commonwealth; and
 (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.
(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.

Substitute payment
(4) There is payable to the first person a benefit equal to the total amount of the relevant portion that would have been payable to the first person during the interim period if:
 (a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or
 (b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and