Defence Determination 2016/43, Special benefit payment – amendment (Cth)

Defence Determination 2016/43, Special benefit payment – amendment

I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 16 December 2016

L A ARNOLD
Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group

1	Citation
1.	This Determination is Defence Determination 2016/43, Special benefit payment – amendment.
2.	This Determination may also be cited as Defence Determination 2016/43.
2	Commencement
This Determination commences on 19 December 2016.
3	Authority
This Determination is made under section 58B of the Defence Act 1903.
4	Amendment
Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination.
5	Chapter 2 Part 3 Division 3 (Special benefit payment – management-initiated early retirement)
substitute
the Division set out in the Schedule
6	Transitional provision
1.	This section applies to a member who was offered a special benefit under Part 3 of Chapter 8 of the Defence (Personnel) Regulations 2002 before those Regulations were repealed.
2.	The rules under Chapter 2 Part 3 Division 3 of the Principal Determination that would have applied to the member immediately before the commencement of this Determination continue to apply to the member.

NOTE
1.	Defence Determination 2016/19, as amended to date. For previous amendments see Note to Defence Determination 2016/23 and amendments made by Defence Determinations 2016/23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41 and 42.

SCHEDULE

Division 3: Special benefit payment

2.3.20   Purpose

1.	The purpose of this Division is to provide the payment of a special benefit to a member who is compulsorily transferred from the Permanent Force to the Reserves under section 16 of Defence Regulation 2016 for reasons of workforce planning in the Defence Force for the purpose of the Command Initiated Transfer to the Reserves (CITR) scheme.
2.	The payment is not a performance management tool.

2.3.21   Definitions

For the purpose of this Division, Defence Regulation means the Defence Regulation 2016, as in force from time to time.

2.3.22   Member eligible for a special benefit  

1.	A member of the Permanent Forces is eligible for payment of a special benefit if they meet all of the following conditions.
a.	The member has completed at least two years service at their current rank.
b.	The member has at least 12 months of service remaining before the day on which their period of service is expected to end.
Note: The day the member’s period of service ends is the earlier of the following days.
i.	The day the member reaches retirement age.
ii.	The last day of the member's fixed period of service.
c.	The member has been identified for a command-initiated transfer to the Reserves for the purpose of Part 10, Chapter 7 of the Military Personnel Policy Manual, as published on 19 December 2016.
d.	The CDF has decided under section 16 of the Defence Regulation to transfer the member from the Permanent Forces to the Reserves in the interest of the Defence Force for workforce planning reasons.
e.	The member transfers to the Reserves within 30 days of the member being notified of the CDF's decision under section 16 of the Defence Regulation being made.
2.	A member is not eligible for a payment if any of the following circumstances apply.
a.	The member is subject to an investigation for unacceptable behaviour.
b.	The member is subject to disciplinary action.
c.	The member is the subject of a notice to show cause for an administrative sanction (including a notice of a positive test result under section 100 of the Defence Act, as in force from time to time).
d.	An administrative sanction has been imposed on the member within the previous 12 months.

2.3.23   Amount of special benefit

1.	An eligible member may be paid the lesser of the following.
a.	The sum described in items 1 and 2 of the following table less the amounts described in item 3.

Item	Description	Amount
1.	ADF service, including earlier periods of ADF service.	The sum of the following amounts.
		a.	A fortnight’s salary for each completed year of continuous full-time service in the ADF.
		b.	A pro rata payment for each part year of continuous full-time service completed in the ADF.
2.	Prior non-ADF service recognised for long service leave. See: Chapter 5 Part 5, Long service leave, for a definition of this service.	The sum of the following amounts.
		a.	A fortnight’s salary for each completed year of prior service that is recognised for long service leave.
		b.	A pro rata payment for each part year of prior service completed that is recognised for long service leave.
3.	Prior payments for redundancy or retirement.	Any payments made by the Commonwealth or any employer of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

b.

48 weeks salary.

2.

In this section, salary includes Service allowance as provided under Defence Force Remuneration Tribunal Determination No. 11 of 2013, as in force from time to time.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.

2.3.25   Repayment of special benefit

The member must repay to the Commonwealth any amount paid under this Division, if they begin a period of continuous full-time service (as a member of the Reserves or Permanent Forces) within one year of receiving a payment under this Division.