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 in respect of a person under section 55, 57, 58 or 64 of this Act; and

a pension benefit:

is not payable to the person under section 43 of the Defence Force Retirement and Death Benefits Act 1973, as in force on the start day (the amended Act); but

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

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 and at all times after that:

the child of the deceased pensioner for the purposes of this Act; and

an eligible child for the purposes of this Act; and

had the person become entitled to a pension under subsection 55(2), 57(4) or 58(1) of this Act at the time when he or she would have first become entitled, in the circumstances set out in subsection (1), to pension benefit under section 43 of the amended Act.

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.