Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 No. 81 of 1973 - SECT 49

49. (1) Subject to sub-section (2) and to section 94, where-

   (a)  a member of the scheme dies before retirement and, at the time of his
        death, he was absent without leave and had been so absent for a period
        that exceeds sixty consecutive days; and

   (b)  retirement pay would not, if he had retired at the commencement of the
        period of absence without leave, have been payable to him, benefit is
        not payable in respect of him under any provision of this Part.

(2) The Authority may direct that sub-section (1) does not apply in relation
to a deceased member of the scheme if the Authority is satisfied, within a
period of six months after his death, that by reason that a person who,
immediately before his death, was wholly or substantially dependent upon him
is in necessitous circumstances, such a direction should be given.