Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 (134 of 2008)

Schedule 3   Defence amendments

Defence Forces Retirement Benefits Act 1948

26   Application of amendment of the Defence Forces Retirement Benefits Act 1948

The amendment of the Defence Forces Retirement Benefits Act 1948 made by this Schedule applies in relation to a pension or benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule, if, at the time of his or her death, the deceased person was:

(a) receiving a pension under section 38, 39 or 41 of that Act; or

(b) receiving a benefit under subsection 51(1) of that Act.