Commonwealth Numbered Acts Commonwealth Numbered Acts
Defence Force Retirement and Death Benefits Act 1973
1 At the end of Division 2A of Part VI
Add:
44 Restoration of pensions for remarried widows and widowers
(1) A widow or widower whose entitlement to a pension under section 39 has ceased on his or her remarriage may apply to the Authority for:
(a) restoration of the pension; or
(b) restoration of the full rate of the pension.
(2) If the Authority is satisfied that the widow or widower's entitlement to a pension ceased on his or her remarriage, the Authority must, in writing, grant the pension at the rate at which the pension would have been payable to the widow or widower if the pension had not ceased.
(3) The pension is payable to the widow or widower at that rate from the day on which the Authority receives the application.
(4) If the Authority grants a person a pension under this section at a particular rate, the grant at that rate does not effect:
(a) any other person's entitlement under this Act to any other pension benefit; or
(b) the rate of such a pension benefit.
2 Section 49A (paragraph (d) of the definition of standard pension )
After "43A", insert "or 44".
3 Subsection 98A(1) (definition of pension benefit )
After "43A", insert "or 44".
4 Paragraph 98B(4)(f)
After "43A", insert "or 44".
5 Subsection 98D(2)
After "43A", insert "or 44".
Defence Forces Retirement Benefits Act 1948
6 After section 64
Insert:
64A Restoration of pensions for remarried widows and widowers
(1) A widow or widower whose entitlement to a pension under subsection 55(1) or 57(1) has ceased on his or her remarriage may apply to the Authority for:
(a) restoration of the pension; or
(b) restoration of the full rate of the pension.
(2) If the Authority is satisfied that the widow or widower's entitlement to a pension ceased on his or her remarriage, the Authority must, in writing, grant the pension at the rate at which the pension would have been payable to the widow or widower if the pension had not ceased.
(3) The pension is payable to the widow or widower at that rate from the day on which the Authority receives the application.
(4) If the Authority grants a person a pension under this section at a particular rate, the grant at that rate does not effect:
(a) any other person's entitlement under this Act to any other pension; or
(b) the rate of such a pension.
7 Section 48AA
Repeal the section, substitute:
48AA Restoration of widow's or widower's pension previously cancelled on remarriage
(1) A widow or widower whose entitlement to a pension under subsection 46(1) or 47(1) has ceased on his or her remarriage may apply to the Commissioner for:
(a) restoration of the pension; or
(b) restoration of the full rate of the pension.
(2) If the Commissioner is satisfied that the widow or widower's entitlement to a pension ceased on his or her remarriage, the Commissioner must, in writing, grant the pension at the rate at which the pension would have been payable to the widow or widower if the pension had not ceased.
(3) The pension is payable to the widow or widower at that rate from the day on which the Commissioner receives the application.
8 Application
(1) The amendments made by this Schedule apply in respect of any application for restoration of a pension, or for restoration of the full rate of a pension, that is made on or after the day on which this Schedule commences.
(2) If an application made before 1 January 2008 is granted, the pension is payable at the full rate only from 1 January 2008 (despite the following provisions:
(a) subsection 44(3) of the Defence Force Retirement and Death Benefits Act 1973 (as inserted by item 1 of this Schedule);
(b) subsection 64A(3) of the Defence Forces Retirement Benefits Act 1948 (as inserted by item 6 of this Schedule);
(c) subsection 48AA(3) of the Superannuation Act 1922 (as inserted by item 7 of this Schedule)).