Defence Force Retirement and Death Benefits Act 1973

Where a person to whom pension benefit has become payable (whether or not it has become payable to the person by virtue of section 78) would, but for this section, be entitled to an increase in the rate at which the pension benefit was payable to the person immediately before the commencement of the prescribed half‑year and:

if the pension benefit became payable to the person otherwise than as a spouse or as an eligible child—the pension benefit became payable to the person during the half‑year (in this section referred to as the preceding half‑year) immediately preceding the prescribed half‑year;

if the pension benefit became payable to the person as the spouse of a member of the scheme and pension benefit in accordance with that section was not payable to the member immediately before his death—the pension benefit became payable to the spouse during the preceding half‑year;

if the pension benefit became payable to the person as the spouse of a member of the scheme and pension benefit was payable to the member immediately preceding his death—the member’s pension benefit became payable during the half‑year;

if the pension benefit became payable to the person as an eligible child and pension benefit was not payable to the member of the scheme in relation to whom the person is an eligible child—the pension benefit became payable to the child during the preceding half‑year; and

if the pension benefit became payable to the person as an eligible child and pension benefit was payable to a member of the scheme in relation to whom the person is an eligible child—the member’s pension benefit became payable during the preceding half‑year;

Where a pension benefit is, under section 43A or 44, payable to a person immediately before the commencement of a prescribed half‑year:

in a case where the pension benefit became so payable by virtue of the retirement and death, during the preceding half‑year, of a member of the scheme who was, at the time of his death, a recipient member—this section applies to the pension benefit as if it were a pension benefit payable to the person otherwise than as a spouse or as an eligible child from the day following the date of retirement of the member of the scheme;

in a case where the pension benefit became so payable by virtue of the death, during the preceding half‑year, of a member of the scheme who was, at the time of his death, a contributing member—this section applies to the pension benefit as if it were a pension benefit payable to the person otherwise than as a spouse or as an eligible child from the day following the date of death of the member of the scheme; or

in any other case—this section does not apply to the pension benefit.

If:

the pension benefit;

where paragraph (1)(c) applies—the pension benefit that was payable to the member of the scheme in relation to whom the person is a spouse; or

where paragraph (1)(e) applies—the pension benefit that was payable to the member of the scheme in relation to whom the person was an eligible child;

If:

the pension benefit;

where paragraph (1)(c) applies—the pension benefit that was payable to the member of the scheme in relation to whom the person is a spouse; or

where paragraph (1)(e) applies—the pension benefit that was payable to the member of the scheme in relation to whom the person was an eligible child;

If the period referred to in subsection (4) is less than 1 month, that period shall be treated as 1 month.

If the period referred to in subsection (4) consists of a number of whole months and a part of a month:

where the number of days in that part of that month is less than one‑half of the number of days in that month—that part shall be disregarded; and

where the number of days in that part of that month is not less than one‑half of the number of days in that month—that part shall be treated as a whole month.