Document ID: chunk:federal_register_of_legislation:C2012A00082:clause:2_3:p2
Version: federal_register_of_legislation:C2012A00082
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 2/2)
Character Range: 139335–140723

Set‑off
(5) The amount payable by the person under subitem (2) may be set off against the amount payable to the person under subitem (4).

Deemed election under section 61B of the Defence Force Retirement and Death Benefits Act 1973 etc.
(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:
 (a) if subparagraph (1)(d)(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)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.
(7) However, the person is not entitled to so much of a lump sum under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.

Substitute payment taken to be a benefit under the Defence Force Retirement and Death Benefits Act 1973 etc.
(8) The payment under subitem (4):
 (a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and
 (b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.