Document ID: chunk:federal_register_of_legislation:C2016C00054:section:8:p3
Version: federal_register_of_legislation:C2016C00054
Segment Type: section
Provision Reference: s 8 (pt 3/3)
Character Range: 17003–18577

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:
 (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.
 (2) In subsection (1), contributory pension in relation to a person referred to in that subsection means:
 (a) if the person made 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—the pension, other than pension payable to him by virtue of section 45 of the Defence Forces Retirement Benefits Act 1948, that would have been payable to him on his retirement if the category number that was applicable to him immediately before the election took effect had been the category number applicable to him on his retirement; and
 (b) in any other case—the pension, other than pension payable to him by virtue of section 45 of the Defence Forces Retirement Benefits Act 1948, that was payable to him on his retirement.