Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:40:p2
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 40 (pt 2/2)
Character Range: 93189–94852

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) Subrule (3) does 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 of the deceased member in respect of the period of absence without leave was forfeited under regulations made under the Defence Act 1903, and an amount equal to the amount of the salary 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