49Death of contributing member after 60 days absence without leave

49 Death of contributing member after 60 days absence without leave

(1) Subject to subsection (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 60 consecutive days; (aa) in a case where the member dies on or after 3 July 1985—both of the following subparagraphs apply: (i) the salary and allowances of the member in respect of the period of absence without leave are forfeited under regulations made under the Defence Act 1903; (ii) an amount equal to the amount of the salary and allowances forfeited is not subsequently paid, and is not payable, under those regulations to the legal personal representative of the member; 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 this Part. (2) CSC may direct that subsection (1) does not apply in relation to a deceased member of the scheme if CSC is satisfied, within a period of 6 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.