Defence Forces Retirement Benefits Act 1948

Subject to subsection (4), on the death before retirement prior to 1 October 1972 of a married member who is a contributor, pension shall be paid to his widow as follows:

during her life—a pension at a rate equal to five‑eighths of the rate at which pension would have been payable to her husband if, on the date of his death, he had become entitled to invalidity benefit and had been classified as Class A under subsection 51(2); and

in respect of each child of the widow who is an eligible child (other than a child born after the death of the member unless the child is also the child of the member), and in respect of each child of the member who is an eligible child—a pension at the rate of $312 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑sixth of the rate at which pension payable under paragraph (a) is payable to the widow.

Subject to subsection (3), on the death of the widow, there shall be payable in respect of each child of the widow who is an eligible child (other than a child born after the death of the member unless the child is also the child of the member), and in respect of each child of the member who is an eligible child, a pension at the rate $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑eighth of the rate at which pension payable under paragraph (1)(a) would, but for her death, have been payable to the widow.

Where the number of children in respect of whom pensions are payable under subsection (2) because of the widow’s death is such that the sum of the rates of all the pensions so payable exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph (1)(a) would, but for her death, have been payable to her, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (2), a pension at the rate calculated by dividing the number of children into the rate exceeded.

Pension is not payable under this section in respect of a member who, at the time of his death, was an employee for the purposes of the Superannuation Act 1922‑1968 whose liability to make contributions to the Superannuation Fund was deferred by virtue of section 35A of that Act or was a person whose entitlement to a pension under that Act was suspended by force of subsection 48C(1) of that Act.