Defence Forces Retirement Benefits Act 1948

Where a deferred benefit is payable to a person by reason that the Authority is satisfied as to the matters referred to in paragraph 82ZB(2)(a):

if the pension is suspended under section 53B—the deferred benefit does not cease to be applicable in relation to him by reason only of the suspension of the pension and the suspension ceases to have effect if the deferred benefit becomes payable under paragraph 82ZB(2)(b), (c) or (d); and

section 53 does not apply in relation to the person but subsection (2) has effect in relation to him.

If the Authority 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 a member and the duties performed by him in employment (if any) in which he was employed after he ceased to be a member, the Authority may cancel his pension but the deferred benefit does not cease to be applicable in relation to him by reason only of the cancellation of the pension.

The pension payable to a person shall not be cancelled under subsection (2) at a time when the pension would have become payable apart from the operation of paragraph 82ZB(2)(a).