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.