Defence Force Retirement and Death Benefits Act 1973

Where deferred benefit is payable to a person by reason that CSC is satisfied as to the matters referred to in paragraph 78(2)(a):

section 34 does not apply in relation to him but subsection (2) of this section has effect in relation to him;

section 35 applies in relation to him as if he were a recipient member in receipt of invalidity pay; and

if, in the application of section 35 in relation to him, any retirement pay payable to him is suspended under that section:

the deferred benefit does not cease to be applicable in relation to him by reason only of the suspension; and

the suspension ceases to have effect if the deferred benefit becomes payable under paragraph 78(2)(b), (c) or (d).

If CSC is satisfied that the health of the person has become so restored as to enable him to perform duties of a kind suitable to be performed by him, having regard to the duties performed by him immediately before he ceased to be an eligible member of the Defence Force and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a member, CSC may cancel his retirement pay but the deferred benefit does not cease to be applicable in relation to him by reason only of the cancellation.

The retirement pay payable to a person shall not be cancelled under subsection (2) at a time when the retirement pay would have become payable, apart from the operation of paragraph 78(2)(a).