Defence Forces Retirement Benefits Act 1948

If, at any time after the day on which Schedule 3 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (the start day):

a pension is not payable to a person under section 57 or 64 of this Act; and

a pension benefit:

is not payable to the person under Division 1 of Part VI of the Defence Force Retirement and Death Benefits Act 1973, as in force on the start day; but

would have been payable to the person under that Division if a deceased pensioner had been, at the time of his or her death, a recipient member under that Act;

CSC must not grant a pension to the person unless CSC, having regard to any matters prescribed and any other matters it considers relevant, is satisfied that:

the person is in necessitous circumstances; or

the grant of the pension is otherwise warranted.

The specified date from which the pension is granted:

must not be earlier than the start day; and

unless CSC is satisfied that special circumstances exist that justify an earlier date being specified, must not be earlier than the date the grant is made.

The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date had the person been, at the date of death of the deceased pensioner, the widow of the deceased pensioner for the purposes of this Act.

If:

a pension is paid to a person under section 57 of this Act as a widow of a pensioner; and

CSC grants a pension under this section to another person in respect of the pensioner;

A determination made under subsection (1) is not a legislative instrument.

The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.