Defence Force Retirement and Death Benefits Act 1973

Where a member of the scheme, not being a member of the scheme to whom section 36 applies, is, or is about to become, entitled to invalidity benefit, CSC shall determine his percentage of incapacity in relation to civil employment and shall classify him according to the percentage of incapacity as follows:

Where:

a member of the scheme (other than a member to whom section 36 applies) who is entitled to invalidity benefit dies; and

at the time of his or her death, CSC has not made a determination in respect of the member under subsection (1);

determine what was, immediately before the member’s death, his or her percentage of incapacity in relation to civil employment; and

classify the member under subsection (1) according to that percentage of incapacity, as if the member had not died.

Where a deceased member of the scheme is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.

In determining, for the purposes of subsection (1), the percentage of incapacity in relation to civil employment of a member of the scheme, CSC shall have regard to the following matters only:

the vocational, trade and professional skills, qualifications and experience of the member;

the kinds of civil employment which a person with the skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;

the degree to which the physical or mental impairment of the member that caused the invalidity or physical or mental incapacity because of which he or she was retired has or had diminished the capacity of the member to undertake the kinds of civil employment referred to in paragraph (b);

such other matters (if any) as are prescribed for the purposes of this subsection.

Where the invalidity pay of a person is cancelled under section 62, any classification of the person under subsection (1) ceases to have effect.