Commonwealth Numbered Acts

AUSTRALIAN DEFENCE FORCE COVER ACT 2015 (NO. 118, 2015) - SECT 37

             (1)  This section applies if:

                     (a)  a covered ADF member dies; and

                     (b)  immediately after his or her death, there is neither a surviving spouse of the member nor any eligible children of the member.

             (2)  A single benefit of the death benefit lump sum for the member's death is payable:

                     (a)  to or for all the persons for whom all the following conditions are met:

                              (i)  the member made provision for the persons in his or her will;

                             (ii)  the persons were dependent on the member;

                            (iii)  benefit would not be payable under Division 2 or 3 to or for the persons;

                            (iv)  the member notified CSC in writing that subparagraphs (i), (ii) and (iii) apply to the persons; or

                     (b)  if there are no such persons--to the executor of the member's will or the administrator of the member's estate.

Note:          If there are 2 or more persons covered by paragraph (a), section 39 will affect how much each of them receives.