Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 6BA

             (1)  This section applies if:

                     (a)  a spouse survives a deceased person (within the meaning of section 6B); and

                     (b)  the spouse's marital or couple relationship with the deceased person:

                              (i)  began after the recipient member became a recipient member; and

                             (ii)  began after the recipient member reached 60; and

                            (iii)  continued for a period (the period of the relationship ) of less than 3 years up to the time of the deceased member's death.

             (2)  The rate of the spouse pension to which the spouse is entitled is worked out using the following formula:

             (3)  If the rate worked out under subsection (2) is less than or equal to the rate prescribed by the regulations for the purposes of this section, the spouse is instead entitled to a lump sum payment worked out in accordance with the regulations.