Australian Defence Force: Pensions

Senator Chris Evans asked the Minister representing the Minister Assisting the Minister for Defence, upon notice, on 27 May 2002:

With reference to ex-service personnel pensions, where the person has passed away:

1. What rules govern who is eligible to continue to receive the pension (or part thereof); that is, spouse and/or children or other beneficiaries.
2. Is access to the pension entirely at the discretion of the ex-service person, for example, as set out in a will.
3. Is there any discretion on the part of Defence as to who has access to the pension.
4. In the case of a woman who was married to an ex-service person for 25 years and has been denied access to the pension because they separated prior to his death, what rules apply in terms of determining who has access to the pension.

Senator Hill - The answer to the honourable senator's question is as follows:

1. The following Commonwealth legislation governs eligibility for an ex-service pension:
   • Defence Force Retirement Benefits Act 1948;
   • Defence Force Retirement and Death Benefits Act 1973; and
   • Military Superannuation Benefits Act 1991.
2. No.
3. No.
4. Where a recipient member (that is a pensioner) dies, a reversionary benefit becomes payable to an eligible spouse. A spouse who is not an eligible spouse would not be entitled to a reversionary benefit. Eligibility rules require there to be a marital relationship, as defined in the rules, at the time of the member's death. In addition, there may be relationship duration and dependency tests applied. There would be an additional child or orphan benefit payable if there are eligible children. Where there is no eligible spouse or child, no reversionary benefit is payable.

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