Defence Forces Retirement Benefits Act 1950 (Cth)
DEFENCE FORCES RETIREMENT BENEFITS.
An
Act to amend the
[Assented to 15th December, 1950.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
(2.) The
(3.) The Principal Act, as amended by this Act, may be cited as the
(2.) The amendments of the Principal Act effected by paragraph (
(3.) Sub-section (3.) of section forty-one, inserted in the Principal
Act by paragraph (
(4.) Sections forty-four and forty-seven, inserted in the Principal Act
by sections eleven and twelve, respectively, of this Act, shall be deemed to
have come into operation on the date of commencement of the
(
a ) by omitting the definition of “member” and inserting in its stead the following definition:—“‘member’ means—
(
a ) a male member of the Permanent Naval Forces, the part of the Active Permanent Military Forces known as the Australian Regular Army or the Permanent Air Force on full-time continuous service, and includes a cadet enrolled at a naval, military or air force college but does not include—(i) in the case of the Permanent Naval Forces—a member of the Naval Dockyard Police (Guard Section), an officer appointed for temporary service, an officer enrolled on the Emergency List or Retired List or a native member of the Papua and New Guinea Division; or
(ii) in the case of the Australian Regular Army—a native member of the Pacific Islands Regiment; or
(
b ) a female officer of the Royal Australian Army Nursing Service or the Royal Australian Air Force Nursing Service on full-time continuous service;”;(
b ) by omitting the definition of “rank” and inserting in its stead the following definition:—“‘rank’ means—
(
a ) in relation to a member of the Permanent Naval Forces—confirmed rank;(
b ) in relation to a member of the Permanent Military Forces—the substantive rank to which the member has been appointed or promoted in his permanent corps or unit; and(
c ) in relation to a member of the Permanent Air Force—substantive rank;”; and(
c ) by inserting in the definition of “retiring age for the rank held”, after the words “as prescribed”, the words for the purposes of this Act, by regulations under this Act in force at the date of his retirement, or, if at that date no such age is so prescribed, as prescribed”.
“(2.) Notwithstanding anything contained in the last preceding sub-section, a member (other than an officer) who is a contributor and is—
(
a ) discharged from the Service; and(
b ) appointed as an officer of the Service without any break in the continuity of his service,
shall not cease to be a member for the purposes of this Act by reason of being so discharged.”.
(
a ) by omitting paragraph (a ) of sub-section (2.) and inserting in its stead the following paragraph:—“(
a ) the amount prescribed for the purposes of this paragraph by regulations under this Act applicable to the rank, branch, group and period of service of the member; and”;(
b ) by omitting from paragraph (b ) of that sub-section the word “and”; and(
c ) by omitting paragraph (c ) of that sub-section.
“(
a ) if he has, at the date of retirement, completed ten years’ service for pension but has not completed fifteen years’ service for pension—be entitled to a refund of the amount of his contributions and to receive as a gratuity—(i) a sum equal to one and one-half times the amount of those contributions; and
(ii) where he has completed more than twelve years’ service for pension, a sum equal to one-half of the amount of the contributions paid by him after the completion of that service (but not including contributions paid before the date on which this paragraph came into operation, or so much of any fortnightly contribution as exceeds Eighteen shillings); or”.
(
a ) by omitting from sub-section (1.) the words “prior to attaining the retiring age for the rank held,”; and(
b ) by omitting sub-section (3.) and inserting in its stead the following sub-sections:—“(3.) Where a member is entitled to a pension under this section, he shall, in addition to that pension, be entitled on retirement to a refund of the amount of the contributions (but not including, in the case of a member to whom sub-section (5.) of section twenty-three of this Act applies, the twenty-six contributions referred to in that sub-section) paid by him in respect of a period subsequent to—
(
a ) in the case of a member who completes his twentieth year of service for pension prior to the date of his attaining the retiring age for his rank—the completion of the last year of service for pension which was completed prior to that date; or(
b ) in the case of any other member—the completion of his twentieth year of service for pension,and to be paid a gratuity equal to one and one-half times the amount of those contributions.
“(4.) Where the Commonwealth Actuary certifies that the value of the benefits payable to a member under this section exceeds the value of the benefits as at age sixty which the member would have received if he had continued to serve until he had attained that age and had continued during that service to contribute for the same number of units as he was contributing for at the date of his retirement, he shall be entitled to receive so much only, as certified by the Commonwealth Actuary, of the gratuity otherwise payable under this section as, together with the value of the other benefits to which he is entitled under this section, does not exceed the value of the benefits as at age sixty referred to in this sub-section.”.
(
a ) by omitting paragraph (a ) of sub-section (1.) and inserting in its stead the following paragraph:—“(
a ) one and one-half times the amount of those contributions and, where he has completed more than twelve years’ service for pension, a sum equal to one-half of the amount of the contributions paid by him after the completion of that service (but
not including contributions paid before the date on which this paragraph came into operation, or so much of any fortnightly contribution as exceeds Eighteen shillings); or”;
(
b ) by inserting in paragraph (a ) of sub-section (2.), after the word “not” (second occurring), the words “, except as provided in the next succeeding sub-section,”; and(
c ) by inserting after sub-section (2.) the following sub-section:—“(2a.) In the case of a member who has completed not less than six years’ service for pension and retires on or after attaining the retiring age for his rank but prior to the completion of twelve years’ service for pension, the gratuity which he is entitled to receive under this section shall be a sum calculated at the rate of Twenty pounds for each completed year of service for pension.”.
“44.—(1.) Subject to this section, a member shall not, for the purposes of the last three preceding sections, be deemed to have completed an engagement unless he has served under the engagement up to the date upon which the engagement was due to terminate.
“(2.) Subject to the next succeeding sub-section, where a member—
(
a ) has engaged to serve for a period of twelve years;(
b ) has completed not less than six years’ service, but less than twelve years’ service, under that engagement;(
c ) retires with the approval of the Service Board or is discharged for reasons other than disciplinary reasons; and(
d ) agrees, if requested by the Service Board so to do, to serve on the Reserve maintained by the Service of which he was a member,
then, for the purposes of section forty-two of this Act, that engagement shall be deemed to have been for a period of six years and that member shall be deemed to have completed that engagement.
“(3.) For the purposes of section forty-two of this Act, where a member—
(
a ) has engaged to serve for a period exceeding six years;(
b ) has completed not less than six years’ service for pension but less than twelve years’ service for pension; and(
c ) retires with the approval of the Service Board on or after attaining the retiring age for his rank,
that engagement shall be deemed to have been for the period served up to the date of his retirement and that member shall be deemed to have completed that engagement.
“45. Notwithstanding anything contained in sections thirty-eight, thirty-nine, forty, forty-one and forty-two of this Act—
(
a ) if a member to whom any of those sections applies retires, on or after attaining the age of sixty years, he shall be entitled on retirement, in lieu of any pension or payment under any of those sections, to a pension—(i) where the number of units for which contributions have been completed up to the age of sixty years does not exceed eight—at the rate of Thirty-nine pounds per annum in respect of each of those units; or
(ii) where the number of units for which contributions have been completed up to the age of sixty years exceeds eight—at the rate of Thirty-nine pounds per unit per annum in respect of eight of those units and the rate of Thirty-two pounds ten shillings per unit per annum in respect of the remaining units; and
(
b ) if any such member retires not less than one year after attaining the age of sixty years, the pension payable to him shall be increased by an amount ascertained by multiplying the portion of the pension which is the actuarial equivalent of the contributions paid by him by a percentage ascertained in accordance with the following table:—
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(2.) Section forty-five of the Principal Act shall be deemed to have had effect, at all times prior to the commencement of this Act, as if the words “and forty-one” had been omitted and the words “, forty, forty-one and forty-two” had been inserted in their stead.
“47. Where an officer who is a contributor, not being an officer to whom either of the last two preceding sections applies, continues to serve beyond the retiring age for the rank held by him and is, on retirement, entitled to a pension under section thirty-eight or thirty-nine of this Act, he shall, on retirement, be entitled, in addition to that pension, to a refund of the amount of any contributions (but not including, in the case of a member to whom sub-section (5.) or (5a.) of section twenty-throe of this Act applies, the” twenty-six contributions referred to in that sub-section) paid by him in respect of—
(
a ) the period served after the attainment by him of the retiring age for the rank held by him; or(
b ) the period served after the completion of the period of service for pension which qualified him for the pension to which he is entitled,
whichever is the shorter, and to receive a gratuity equal to one and one-half times the amount of those contributions.
“47a. Where the Commonwealth Actuary certifies that the value of the benefits payable to an officer under this Act exceeds the value of the benefits as at age sixty which the officer would have received if he had continued to serve until he had attained that age and had continued during that service to contribute for the same number of units as he was contributing for at the date of his retirement, he shall be entitled to receive so much only, as certified by the Commonwealth Actuary, of any gratuity otherwise payable under this Act as, together with the value of the other benefits to which he is entitled under this Act, does not exceed the value of the benefits as at age sixty referred to in this section.”.
“(
a ) one and one-half times the amount of those contributions and, a sum equal to one-half of the amount of the contributions paid by him after the completion of twelve years’ service for pension (but not including contributions paid before the date on which this paragraph came into operation, or so much of any fortnightly contribution as exceeds Eighteen shillings); or”.
(
a ) by omitting sub-section (1.) and inserting in its stead the following sub-section:—“(1.) A member who is retired prior to attaining the retiring age for the rank held by him and who is classified as Class A under the last preceding section shall, on retirement, be entitled to a pension for each unit or part of a unit for which contributions were being paid by him immediately prior to his retirement and for each fully paid unit or part of a unit credited to him under the provisions of sub-section (4.) of section seventy-eight of this Act, as follows:—
(
a ) where the number of those units does not exceed eight, pension shall be payable at the rate of Thirty-nine pounds per unit per annum; and(
b ) where the number of those units exceeds eight, pension shall be payable at the rate of Thirty-nine pounds per unit per annum in respect of eight of those units and at the rate of Thirty-two pounds ten shillings per unit per annum in respect of the remaining units.”;(
b ) by inserting in sub-section (2.), after the word “retired” (first occurring), the words “prior to attaining the retiring age for the rank held by him”;(
c ) by omitting paragraph (c ) of sub-section (2.) and inserting in its stead the following paragraph:—“(
c ) if he is a member who has not completed twenty years’ service for pension—be entitled to a pension for each unit or part of a unit for which contributions were being paid by him immediately prior to his retirement and for each fully paid unit or part of a unit credited to him under the provisions of sub-section (4.) of section seventy-eight of this Act, as follows:—(i) where the number of those units does not exceed eight, pension shall be payable at the rate of Nineteen pounds ten shillings per annum in respect of each of those unite; and
(ii) where the number of those units exceeds eight, pension shall be payable at the rate of Nineteen pounds ten shillings per annum per unit in respect of eight of those units and at the rate of Sixteen pounds five shillings per annum per unit in respect of the remaining units.”;
(
d ) by inserting in sub-section (3.), after the word “retired” (first occurring), the words “prior to attaining the retiring age for the rank held by him”; and(
e ) by omitting paragraph (c ) of sub-section (3.) and inserting in its stead the following paragraph:—“(
c ) if he is a member who has not completed twenty years’ service for pension—be entitled to a refund of his contributions under this Act and to receive as a gratuity—(i) a sum equal to one and one-half times the amount of his contributions and, where he has completed more than twelve years’ service for pension, a sum equal to one-half of the amount of the contributions paid by him after
the completion of that service (but not including contributions paid before the date on which this paragraph came into operation, or so much of any fortnightly contribution as exceeds Eighteen shillings); or
(ii) an amount calculated at the rate of Thirty pounds for each completed year of service for pension,
whichever is the greater.”.
“(
a ) a pension during her life, in respect of the units or part of a unit for which contributions were being paid by the member immediately prior to his death and in respect of each fully paid unit or part of a unit credited to him under the provisions of sub-section (4.) of section seventy-eight of this Act—(i) where the number of those units does not exceed eight—at the rate of Nineteen pounds ten shillings per unit per annum; and
(ii) where the number of those units exceeds eight—at the rate of Nineteen pounds ten shillings per unit per annum in respect of eight of those units and at the rate of Sixteen pounds five shillings per unit per annum in respect of the remaining units; and”.
“(2.) Where an officer who is a contributor—
(
a ) is serving under a commission which is a short service commission within the meaning of the Service Regulations;(
b ) is entitled on the termination of that commission to be paid a gratuity otherwise than under this Act; and(
c ) is to be appointed to a permanent commission or to a further short service commission on the termination of the short service commission,
he may elect, prior to the date of his appointment to the permanent commission or to the further short service commission, or, within such extended period as the Board allows, not to be paid the gratuity.
“(3.) If an officer referred to in the last preceding sub-section does not make an election under that sub-section—
(
a ) he shall be entitled to a refund of the contributions made by him to the Fund during the period of the short service commission;
(
b ) those contributions shall not be taken into account in the calculation of any gratuity payable under this Act; and(
c ) the period of his service under the short service commission shall not be taken into account as service for pension for the purposes of this Act.
“(4.) If an officer referred to in sub-section (2.) of this section makes an election under that sub-section, he shall not be paid the gratuity which he has elected not to be paid.”.
“(3.) If the male pensioner, at the time of his death, was in receipt of a pension under section fifty-two or fifty-three of this Act, and the Board is satisfied that his death was due to the disease or injury which was the cause of his retirement, the pension payable to his widow shall, in respect of each unit or part of a unit for which contributions were being paid by the pensioner immediately prior to his retirement and in respect of each fully paid unit or part of a unit credited to him under the provisions of sub-section (4.) of section seventy-eight of this Act, be at the rate of—
(
a ) where the number of those units does not exceed eight—Nineteen pounds ten shillings per unit per annum; and(
b ) where the number of those units exceeds eight—Nineteen pounds ten shillings per unit per annum in respect of eight of those units and at the rate of Sixteen pounds ten shillings per unit per annum in respect of the remaining units.”.
(
a ) by omitting paragraph (c ) of sub-section (2.) and inserting in its stead the following paragraph:—“(
c ) a payment in respect of service by a person as an officer of the Citizen Air Force prior to the date on which he became a contributor, not being service by a person who was, on the thirtieth day of June, One thousand nine hundred and forty-seven, a contributor under theSuperannuation Act 1922–1947;”; and(
b ) by adding at the end of that sub-section the following word and paragraph:—“;or (
e ) a payment in respect of service which is not, under the provisions of this Act other than sections twenty-six and twenty-seven, service for pension.”.
(
a ) by inserting in sub-section (3.), after the word “Act” (last occurring), the words “, if the increases in the rates of pensions effected by theDefence Forces Retirement Benefits Act 1950 had not been made,”;(
b ) by inserting after sub-section (3.) the following sub-section:—“(3a.) Where a pension payable in accordance with the last preceding sub-section is calculated in accordance with rank, the annual rate of pension shall be increased—
(
a ) if the member was contributing for eight or more units—by an amount equal to the difference between the pension which would be payable under this Act if he had not been a serving member and the pension which would be so payable if the increases in the rates of pension effected by theDefence Forces Retirement Benefits Act 1950 had not been made;(
b ) if he was contributing for less than eight units and was of the rank of able seaman or relative rank, private or relative rank, or aircraftman, first class—by an amount which bears the same proportion to that difference as the number of units for which he was contributing bears to seven; or(
c ) if he was contributing for less than eight units but was not a person to whom the last preceding paragraph applies—by an amount which bears the same proportion to that difference as the number of units for which he was contributing bears to eight.”; and(
c ) by inserting in sub-section (4b.), after the word “payable” the words “, or within such extended time as the Board allows,”.
(
a ) by inserting in the proviso to sub-section (1.) before the word “was”, the word “and”;(
b ) by inserting in sub-section (6.), after the word “Act” (last occurring), the words “, if the increases in the rates of pensions effected by theDefence Forces Retirement Benefits Act 1950 had not been made”; and(
c ) by inserting after sub-section (7.) the following sub-section:—“(7a.) Where a pension payable in accordance with the last preceding sub-section is calculated in accordance with rank, the annual rate of pension shall be increased—
(
a ) if the member was contributing for eight or more units—by an amount equal to the difference between the pension which would be payable under this Act if he had not been a serving member and the pension which would be so payable if the increases in the rates of pension effected by theDefence Forces Retirement Benefits Act 1950 had not been made;(
b ) if he was contributing for less than eight units and was of the rank of able seaman or relative rank, private or relative rank, or aircraftman, first class—by an amount which bears the same proportion to that difference as the number of units for which he was contributing bears to seven; or(
c ) if he was contributing for less than eight units but was not a person to whom the last preceding paragraph applies—by an amount which bears the same proportion to that difference as the number of units for which he was contributing bears to eight.”.
“Part VIa.—Application of this Act to members of the Nursing Services.
“82a. In this Part, ‘member’ means an officer of the Royal Australian Army Nursing Service or the Royal Australian Air Force Nursing Service.
“82b. In the application of the provisions of this Act to members, the expression ‘service for pension’ does not include service rendered prior to the commencement of this Part except service during a period of service which the member elects, under section twenty-six of this Act, to have taken into account for the purposes of pension under this Act.
“82c.—(1.) A person who is a member at the date of commencement of this Part and has, at that date, attained the age of thirty years, may, by notice in writing given to the Board within four months after that date, or within such extended time as the Board allows, elect not to be a contributor under this Act.
“(2.) If a member elects not to be a contributor under this Act, she shall not be entitled to any benefits under this Act.
“82d. On the death before retirement of a member, the contributions paid by her shall be paid to her personal representatives or, failing them, to such persons (if any) as the Board determines and no other payment in respect of that member shall be made under this Act.”.
| 0 | 8 | 6.................................... | 2 units | |||
| 0 | 8 | 6 and does not exceed | 0 | 11 | 4.................................... | 3 units |
| 0 | 11 | 4 and does not exceed | 0 | 14 | 2.................................... | 4 units” |
and inserting in their stead the words and figures— | |||||||
| 0 | 14 | 2.................................... | 4 units”. | |||
“THE THIRD SCHEDULE. Section 38.
Pensions for Officers.
Column 1 | Column 2. | Column 3. | Column 4. | ||
Permanent Naval Forces. | Permanent Military Forces. | Permanent Air Force. | Annual amount of pension. | ||
£ | |||||
Vice-Admiral (and relative rank) |
| Air Marshal........................ | 897 | 0 | 0 |
Rear-Admiral (and relative rank) | |||||
|
| Air Vice-Marshal.............. | 798 | 0 | 0 |
|
| Air Commodore................. | 695 | 10 | 0 |
|
| Group Captain.................... | 655 | 10 | 0 |
Commander (and relative rank) |
| Wing Commander............. | 514 | 0 | 0 |
Lieutenant - Commander (and relative rank) |
| Squadron-Leader............... | 392 | 10 | 0 |
Lieutenant (and relative rank) |
| Flight-Lieutenant............... | 307 | 10 | 0 |
|
| Flying Officer.................... | 232 | 10 | 0 |
Column 1. | Column 2. | Column 3. | ||
Permanent Naval Forces. | Permanent Military Forces. | Annual amount of pension. | ||
| £ | |||
|
| 595 | 10 | 0 |
| Major (Quartermaster).................................. | 495 | 10 | 0 |
| Captain (Quartermaster)............................... | 445 | 10 | 0 |
|
| 395 | 10 | 0 |
Warrant Officer and Commissioned Officer... | Lieutenant (Quartermaster).......................... | 345 | 10 | 0 |
Column 1. | Column 2. | ||
Rank held by Officer on retirement. | Annual
amount of pension | ||
£ | |||
Matron-in-chief.................................................................................. | 470 | 10 | 0 |
Principal Matron................................................................................. | 390 | 10 | 0 |
Matron............................................................................................... | 365 | 10 | 0 |
Senior Sister....................................................................................... | 235 | 10 | 0 |
Sister................................................................................................. | 235 | 10 | 0”. |
“THE FIFTH SCHEDULE. Section 41.
Pensions for Members other than Officers.
Column 1. | Column 2. | Column 3 | Column 4. | Column 5. | ||
Permanent Naval Forces. | Permanent Military Forces. | Permanent Air Force. | Annual pension in respect of twenty years’ service for pension. | Annual additional pension for each year of service for pension over twenty years’ service for pension. | ||
£ | £ | |||||
Chief Artificer................... | Warrant Officer (Class I.) | Warrant Officer Master Pilot Master Navigator Master Signaller Master Gunner Master Engineer | 181 | 0 | 0 | 9 |
| Warrant Officer (Class II.) Staff Sergeant | Flight Sergeant Pilot I. Navigator I. Signaller I. Gunner I. Engineer I. | 171 | 0 | 0 | 8 |
Petty Officer or relative rating | Sergeant................. | Sergeant Pilot II. Navigator II. Signaller II. Gunner II. Engineer II. | 156 | 0 | 0 | 7 |
Leading Seaman or relative rating | Corporal or relative rank Lance Corporal or relative rank | Corporal Leading Aircraftman Pilot III. or IV. Navigator III. or IV. Signaller III. or IV. Gunner III. or IV. Engineer III. or IV. | 136 | 0 | 0 | 7 |
Able Seaman or relative rating | Private or relative rank | Aircraftman 1st Class | 117 | 15 | 0 | 7”. |
(
a ) by omitting from Column Two the figures “130” and inserting in their stead the figures “156”; and(
b ) by omitting from that column the figures “65” and inserting in their stead the figures “78”.
(2.) This section shall be deemed to have commenced to apply in respect of the payment of pension which fell due on the ninth day of November, One thousand nine hundred and fifty.
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