Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_117:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 117 (pt 2/2)
Character Range: 466675–468465

ground for his or her retirement as an eligible employee; or
 (ii) he or she dies:
 (A) before being discharged from the Defence Force; or
 (B) after having been discharged from the Defence Force on the ground of invalidity or of physical or mental incapacity to perform his or her duties, from causes that, in the opinion of CSC, are related to the ground on which he or she was discharged from the Defence Force; and
 (b) the rate of any pension payable to or in respect of him or her under this Act (including pension that became payable before he or she was discharged from the Defence Force) is less than the rate of any corresponding benefit that, but for section 36 or 46 of the Defence Force Retirement and Death Benefits Act, would be payable to or in respect of him or her under that Act;
CSC may increase the rate of the pension payable under this Act to such extent as it considers appropriate in the circumstances.
 (3) Where:
 (a) the liability of an eligible employee to make contributions under this Act has been deferred by virtue of section 54 of this Act; and
 (b) at any time after the death of the person benefit under the Defence Force Retirement and Death Benefits Act would, but for section 36 or 46 of that Act, be payable in respect of him or her under that Act but no pension is payable in respect of him or her under this Act at that time;
CSC may pay such benefit corresponding to the benefit under that Act as he or she considers appropriate in the circumstances.
 (4) An eligible employee who is liable to contribute under the Defence Force Retirement and Death Benefits Act shall, for the purposes of this section, be deemed not to have ceased to be liable to so contribute by reason only of the operation of section 18 of that Act in relation to him or her.