Defence Forces Retirement Benefits Act 1962 (Cth)

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DEFENCE FORCES RETIREMENT BENEFITS.

No. 67 of 1962.

An Act relating to Retirement Benefits for Members of the Defence Forces of the Commonwealth.

[Assented to 24th November, 1962.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title and citation.

1.—(1.) This Act may be cited as the Defence Forces Retirement Benefits Act 1962.

(2.) The Defence Forces Retirement Benefits Act 1948-1959 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Defence Forces Retirement Benefits Act 1948-1962.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on a date to be fixed by Proclamation.

 

(2.) The amendments made by sections eleven, fifteen, eighteen, nineteen and twenty of this Act shall be deemed to have come into operation on the fourteenth day of December, One thousand nine hundred and fifty-nine.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Amendments of the Principal Act.

Part III.—Amendments of the Defence Forces Retirement Benefits Act 1959-1961.

Part IV.—Miscellaneous.

Part II.—Amendments of the Principal Act.

Parts.

4. Section three of the Principal Act is amended by omitting the words—

“Division 3.—Rates of Contributions by Members (Sections 30-31).”

and inserting in their stead the words—

“Division 3.—Rates of Contributions by Members (Sections 30-31A).”.

Interpretation.

5.—(1.) Section four of the Principal Act is amended by inserting in sub-section (1.), after the definition of “contributor”, the following definition:—

“‘daily rate of pay’, in relation to a member, means his maximum daily rate of active pay as ascertained in accordance with the regulations;”.

(2.) Section four of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(7.) Where a member is promoted and, as a result of the promotion, his category changes and he is included within a category that has a lower category number than the category within which he was included immediately before the change, that change in category shall be disregarded for the purposes of this Act.

“(8.) Where the category of a member who has attained the retiring age for the rank held by him changes and—

(a) the change occurred as a result of his being reduced to a lower rank; or

(b) the change occurred after the expiration of a period of two years after he has attained that retiring age,

that change in category shall be disregarded for the purposes of this Act.”.

 

Categories of members.

6. Section four a of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) For the purposes of this Act, members are divided into categories according to the daily rates of pay set out in the First Schedule, and a reference in this Act to the category of a member shall be read as a reference to the category of members within which, having regard to his daily rate of pay, he is included.”; and

(b) by omitting from sub-section (2.) the word “, Fourth”.

Delegation.

7. Section twelve of the Principal Act is amended by omitting from sub-section (1.) the words “under this Act or the regulations”.

Change in contributions.

8. Section thirty-one of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “, subject to the next succeeding sub-section,”; and

(b) by omitting sub-section (2.).

9. After section thirty-one of the Principal Act the following section is inserted in Division 3 of Part IV.:—

Contribution on change of category of member who has attained age of sixty years.

“31a. Where the category of a member who has attained the age of sixty years changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he shall, notwithstanding sub-section (5.) of section twenty-three of this Act, before the expiration of one month after the date of the change or before the day on which he ceases to be a member, whichever first occurs, make one contribution to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary.”.

Pension on retirement under special circumstances—officers.

10. Section thirty-nine of the Principal Act is amended by omitting from sub-paragraph (i) of paragraph (c) of sub-section (2.) the word “category” and inserting in its stead the word “rank”.

Invalidity benefit.

11. Section fifty-one of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where—

(a) a member has been retired before attaining the retiring age for the rank held by him;

(b) a member, being an officer, has been granted an extension of service for a period that does not extend beyond the period of two years after the attainment by him of the retiring age for the rank held by him and has been retired before the expiration of the period of the extension;

 

(c) a member, not being an officer, has been engaged for a period of service extending beyond the date on which he will attain the retiring age for the rank held by him and has been retired before the expiration of a period of two years after that date and before the expiration of the period of the engagement; or

(d) the age for compulsory retirement of a member, not being an officer, has been extended and the member has been retired before the attainment by him of the extended age and before the expiration of a period of two years after the attainment by him of the retiring age for the rank held by him,

on the ground of invalidity or of physical or mental incapacity to perform his duties (not, in the opinion of the Board, due to wilful action on his part for the purpose of obtaining pension or other benefit), he is entitled to benefit in accordance with the next two succeeding sections, but, subject to section sixty of this Act, is not otherwise entitled to benefit under this Act.”.

Regulations.

12.—(1.) Section eighty-eight of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) Where the pay of any class of members is increased or reduced, regulations for the purpose of the definition of ‘daily rate of pay’ in sub-section (1.) of section four of this Act in relation to members included within that class made after the date on and from which the increase or reduction took effect may be expressed to have taken effect from and including that date.”.

(2.) Regulations under the Defence Forces Retirement Benefits Act 1948-1962 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section four of that Act made within the period of six months immediately following the date fixed under sub-section (1.) of section two of this Act shall, unless otherwise provided by the regulations, have effect and be deemed to have had effect from and including that date.

The Schedules.

13. The Schedules to the Principal Act are repealed and the following Schedules inserted in their stead:—

THE SCHEDULES.

——

Section 4A. FIRST SCHEDULE.

Categories of Members According to Daily Rates of Pay.

Daily Rate of Pay of Member.

Category Number.

Exceeding—

But not exceeding—

£

s.

d.

£

s.

d.

13

17

9

..

54

13

10

8

13

17

9

53

13

3

6

13

10

8

52

 

First Schedule—continued.

Daily Rate of Pay of Member.

Category Number.

Exceeding—

But not exceeding—

£

s.

d.

£

s.

d.

12

16

5

13

3

6

51

12

9

3

12

16

5

50

12

2

2

12

9

3

49

11

15

0

12

2

2

48

11

7

11

11

15

0

47

11

0

9

11

7

11

46

10

13

8

11

0

9

45

10

6

6

10

13

8

44

9

19

5

10

6

6

43

9

12

3

9

19

5

42

9

5

2

9

12

3

41

8

18

0

9

5

2

40

8

10

11

8

18

0

39

8

3

10

8

10

11

38

7

16

8

8

3

10

37

7

9

7

7

16

8

36

7

2

5

7

9

7

35

6

15

4

7

2

5

34

6

8

2

6

15

4

33

6

1

1

6

8

2

32

5

13

11

6

1

1

31

5

6

10

5

13

11

30

5

3

3

5

6

10

29

4

19

8

5

3

3

28

4

16

1

4

19

8

27

4

12

7

4

16

1

26

4

9

0

4

12

7

25

4

5

5

4

9

0

24

4

1

11

4

5

5

23

3

18

4

4

1

11

22

3

14

9

3

18

4

21

3

11

2

3

14

9

20

3

7

8

3

11

2

19

3

4

1

3

7

8

18

3

0

6

3

4

1

17

2

16

11

3

0

6

16

2

13

5

2

16

11

15

2

9

10

2

13

5

14

2

6

3

2

9

10

13

2

2

8

2

6

3

12

1

19

2

2

2

8

11

1

15

7

1

19

2

10

1

12

0

1

15

7

9

1

8

5

1

12

0

8

1

4

11

1

8

5

7

1

1

4

1

4

11

6

17

9

1

1

4

5

..

17

9

4

SECOND SCHEDULE. Section 30.

Amount of Contribution to be Paid Fortnightly by Members.

Table 1.—Male officers, other than—

(a) officers of the Special Duties List of the Permanent Naval Forces;

(b) officers of the Permanent Military Forces, being Quartermasters or members of the Canteen Corps, Catering Corps, Dental Corps, Education Corps, Legal Corps, Medical Corps, Pay Corps, Psychology Corps or Survey Corps or of the Printing and Stationery Service;

 

Second Schedule—continued.

(c) officers of the Permanent Air Force, not being officers of the General Duties Branch; and

(d) Chaplains.

Category of Member.

Amount of contribution where age of officer on his birthday next following the day on which he became a contributor is—

24 years or less.

25 years.

26 years.

27 years.

28 years.

29 years.

30 years.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

54

9

17

6

10

17

3

11

17

0

12

16

9

13

16

6

14

16

3

15

16

0

53

9

12

6

10

11

9

11

11

0

12

10

3

13

9

6

14

8

9

15

8

0

52

9

7

6

10

6

3

11

5

0

12

3

9

13

2

6

14

1

3

15

0

0

51

9

2

6

10

0

9

10

19

0

11

17

3

12

15

6

13

13

9

14

12

0

50

8

17

6

9

15

3

10

13

0

11

10

9

12

8

6

13

6

3

14

4

0

49

8

12

6

9

9

9

10

7

0

11

4

3

12

1

6

12

18

9

13

16

0

48

8

7

6

9

4

3

10

1

0

10

17

9

11

14

6

12

11

3

13

8

0

47

8

2

6

8

18

9

9

15

0

10

11

3

11

7

6

12

3

9

13

0

0

46

7

17

6

8

13

3

9

9

0

10

4

9

11

0

6

11

16

3

12

12

0

45

7

12

6

8

7

9

9

3

0

9

18

3

10

13

6

11

8

9

12

4

0

44

7

7

6

8

2

3

8

17

0

9

11

9

10

6

6

11

1

3

11

16

0

43

7

2

6

7

16

9

8

11

0

9

5

3

9

19

6

10

13

9

11

8

0

42

6

17

6

7

11

3

8

5

0

8

18

9

9

12

6

10

6

3

11

0

0

41

6

12

6

7

5

9

7

19

0

8

12

3

9

5

6

9

18

9

10

12

0

40

6

7

6

7

0

3

7

13

0

8

5

9

8

18

6

9

11

3

10

4

0

39

6

2

6

6

14

9

7

7

0

7

19

3

8

11

6

9

3

9

9

16

0

38

5

17

6

6

9

3

7

1

0

7

12

9

8

4

6

8

16

3

9

8

0

37

5

12

6

6

3

9

6

15

0

7

6

3

7

17

6

8

8

9

9

0

0

36

5

7

6

5

18

3

6

9

0

6

19

9

7

10

6

8

1

3

8

12

0

35

5

2

6

5

12

9

6

3

0

6

13

3

7

3

6

7

13

9

8

4

0

34

4

17

6

5

7

3

5

17

0

6

6

9

6

16

6

7

6

3

7

16

0

33

4

12

6

5

1

9

5

11

0

6

0

3

6

9

6

6

18

9

7

8

0

32

4

7

6

4

16

3

5

5

0

5

13

9

6

2

6

6

11

3

7

0

0

31

4

2

6

4

10

9

4

19

0

5

7

3

5

15

6

6

3

9

6

12

0

30

3

17

6

4

5

3

4

13

0

5

0

9

5

8

6

5

16

3

6

4

0

29

3

13

9

4

1

0

4

8

6

4

16

0

5

3

3

5

10

6

5

18

0

28

3

11

3

3

18

6

4

5

6

4

12

6

4

19

9

5

7

0

5

14

0

27

3

8

9

3

15

6

4

2

6

4

9

6

4

16

3

5

3

0

5

10

0

26

3

6

3

3

13

0

3

19

6

4

6

0

4

12

9

4

19

6

5

6

0

25

3

3

9

3

10

0

3

16

6

4

3

0

4

9

3

4

15

6

5

2

0

24

3

1

3

3

7

6

3

13

6

3

19

6

4

5

9

4

12

0

4

18

0

23

2

18

9

3

4

6

3

10

6

3

16

6

4

2

3

4

8

0

4

14

0

22

2

16

3

3

2

0

3

7

6

3

13

0

3

18

9

4

4

6

4

10

0

21

2

13

9

2

19

0

3

4

6

3

10

0

3

15

3

4

0

6

4

6

0

20

2

11

3

2

16

6

3

1

6

3

6

6

3

11

9

3

17

0

4

2

0

19

2

8

9

2

13

6

2

18

6

3

3

6

3

8

3

3

13

0

3

18

0

18

2

6

3

2

11

0

2

15

6

3

0

0

3

4

9

3

9

6

3

14

0

17

2

3

9

2

8

0

2

12

6

2

17

0

3

1

3

3

5

6

3

10

0

16

2

1

3

2

5

6

2

9

6

2

13

6

2

17

9

3

2

0

3

6

0

15

1

18

9

2

2

6

2

6

6

2

10

6

2

14

3

2

18

0

3

2

0

14

1

16

3

2

0

0

2

3

6

2

7

0

2

10

9

2

14

6

2

18

0

13

1

13

9

1

17

0

2

0

6

2

4

0

2

7

3

2

10

6

2

14

0

12

1

11

3

1

14

6

1

17

6

2

0

6

2

3

9

2

7

0

2

10

0

11

1

8

9

1

11

6

1

14

6

1

17

6

2

0

3

2

3

0

2

6

0

10

1

6

3

1

9

0

1

11

6

1

14

0

1

16

9

1

19

6

2

2

0

9

1

3

9

1

6

0

1

8

6

1

11

0

1

13

3

1

15

6

1

18

0

8

1

1

3

1

3

6

1

5

6

1

7

6

1

9

9

1

12

0

1

14

0

7

18

9

1

0

6

1

2

6

1

4

6

1

6

3

1

8

0

1

10

0

6

16

3

18

0

19

6

1

1

0

1

2

9

1

4

6

1

6

0

5

13

9

15

0

16

6

18

0

19

3

1

0

6

1

2

0

4

11

3

12

6

13

6

14

6

15

9

1

17

0

18

0

 

Second Schedule—continued.

Amount of Contribution to be Paid Fortnightly by Members.

Table 2.—Members other than those to whom Table 1 applies.

Category of Member.

Amount of Contribution.

£

s.

d.

54

9

17

6

53

9

12

6

52

9

7

6

51

9

2

6

50

8

17

6

49

8

12

6

48

8

7

6

47

8

2

6

46

7

17

6

45

7

12

6

44

7

7

6

43

7

2

6

42

6

17

6

41

6

12

6

40

6

7

6

39

6

2

6

38

5

17

6

37

5

12

6

36

5

7

6

35

5

2

6

34

4

17

6

33

4

12

6

32

4

7

6

31

4

2

6

30

3

17

6

29

3

13

9

28

3

11

3

27

3

8

9

26

3

6

3

25

3

3

9

24

3

1

3

23

2

18

9

22

2

16

3

21

2

13

9

20

2

11

3

19

2

8

9

18

2

6

3

17

2

3

9

16

2

1

3

15

1

18

9

14

1

16

3

13

1

13

9

12

1

11

3

11

1

8

9

10

1

6

3

9

1

3

9

8

1

1

3

7

18

9

6

16

3

5

13

9

4

11

3

 

THIRD SCHEDULE. Sections 38, 39 and 41.

Rates of Pension per Annum.

Part 1.—Officers.

Category of Member.

Age (in Years).

35

36

37

38

39

40

41

42

43

44

45

46

47

£

£

£

£

£

£

£

£

£

£

£

£

£

54

983

1,032

1,081

1,130

1,179

1,229

1,278

1,327

1,376

1,425

1,474

1,523

1,572

53

965

1,013

1,061

1,109

1,158

1,206

1,254

1,302

1,350

1,399

1,447

1,495

1,543

52

946

994

1,041

1,088

1,136

1,183

1,230

1,278

1,325

1,372

1,420

1,467

1,514

51

928

975

1,021

1,067

1,114

1,160

1,207

1,253

1,299

1,346

1,392

1,439

1,485

50

910

956

1,001

1,047

1,092

1,138

1,183

1,229

1,274

1,320

1,365

1,411

1,456

49

892

936

981

1,026

1,070

1,115

1,159

1,204

1,249

1,293

1,338

1,382

1,427

48

874

917

961

1,005

1,048

1,092

1,136

1,179

1,223

1,267

1,310

1,354

1,398

47

855

898

941

984

1,026

1,069

1,112

1,155

1,198

1,240

1,283

1,326

1,369

46

837

879

921

963

1,005

1,047

1,088

1,130

1,172

1,214

1,256

1,298

1,340

45

819

860

901

942

983

1,024

1,065

1,106

1,147

1,188

1,229

1,269

1,310

44

801

841

881

921

961

1,001

1,041

1,081

1,121

1,161

1,201

1,241

1,281

43

783

822

861

900

939

978

1,017

1,057

1,096

1,135

1,174

1,213

1,252

42

764

803

841

879

917

956

994

1,032

1,070

1,108

1,147

1,185

1,223

41

746

784

821

858

895

933

970

1,007

1,045

1,082

1,119

1,157

1,194

40

728

764

801

837

874

910

946

983

1,019

1,056

1,092

1,128

1,165

39

710

745

781

816

852

887

923

958

994

1,029

1,065

1,100

1,136

38

692

726

761

795

830

865

899

934

968

1,003

1,037

1,072

1,107

37

673

707

741

774

808

842

875

909

943

976

1,010

1,044

1,077

36

655

688

721

753

786

819

852

885

917

950

983

1,016

1,048

35

637

669

701

733

764

796

828

860

892

924

956

987

1,019

34

619

650

681

712

743

774

804

835

866

897

928

959

990

33

601

631

661

691

721

751

781

811

841

871

901

931

961

32

582

612

641

670

699

728

757

786

815

844

874

903

932

31

564

592

621

649

677

705

733

762

790

818

846

875

903

30

546

573

601

628

655

683

710

737

764

792

819

846

874

29

528

554

581

607

633

660

686

713

739

765

792

818

844

28

510

535

561

586

612

637

662

688

713

739

764

790

815

27

491

516

541

565

590

614

639

663

688

713

737

762

786

26

473

497

521

544

568

592

615

639

662

686

710

733

757

25

455

478

501

523

546

569

592

614

637

660

683

705

728

24

437

459

480

502

524

546

568

590

612

633

655

677

699

23

419

440

460

481

502

523

544

565

586

607

628

649

670

22

400

420

440

460

480

501

521

541

561

581

601

621

641

21

382

401

420

440

459

478

497

516

535

554

573

592

612

20

364

382

400

419

437

455

473

491

510

528

546

564

582

19

346

363

380

398

415

432

450

467

484

501

519

536

553

18

328

344

360

377

393

410

426

442

459

475

491

508

524

17

309

325

340

356

371

387

402

418

433

449

464

480

495

16

291

306

320

335

349

364

379

393

408

422

437

451

466

15

273

287

300

314

328

341

355

369

382

396

410

423

437

14

255

268

280

293

306

319

331

344

357

369

382

395

408

13

237

248

260

272

284

296

308

319

331

343

355

367

379

12

218

229

240

251

262

273

284

295

306

317

328

339

349

11

200

210

220

230

240

250

260

270

280

290

300

310

320

10

182

191

200

209

218

228

237

246

255

264

273

282

291

9

164

172

180

188

197

205

213

221

229

238

246

254

262

8

146

153

160

167

175

182

189

197

204

211

218

226

233

7

127

134

140

147

153

159

166

172

178

185

191

197

204

6

109

115

120

126

131

137

142

147

153

158

164

169

175

5

91

96

100

105

109

114

118

123

127

132

137

141

146

4

73

76

80

84

87

91

95

98

102

106

109

113

116

 

Third Schedule—continued.

Rates of Pension per Annum—continued.

Part I.—Officers—continued.

Category of Member.

Age (in Years).

48

49

50

51

52

53

54

55

56

57

58

59

60 or more.

£

£

£

£

£

£

£

£

£

£

£

£

£

54

1,622

1,671

1,720

1,769

1,818

1,892

1,966

2,039

2,113

2,187

2,260

2,359

2,457

53

1,592

1,640

1,688

1,736

1,785

1,857

1,929

2,002

2,074

2,146

2,219

2,315

2,411

10s.

52

1,562

1,609

1,656

1,704

1,751

1,822

1,893

1,964

2,035

2,106

2,177

2,271

2,366

51

1,532

1,578

1,624

1,671

1,717

1,787

1,856

1,926

1,996

2,065

2,135

2,228

2,320

10s.

50

1,502

1,547

1,593

1,638

1,684

1,752

1,820

1,888

1,957

2,025

2,093

2,184

2,275

49

1,471

1,516

1,561

1,605

1,650

1,717

1,784

1,850

1,917

1,984

2,051

2,140

2,229

10s.

48

1,441

1,485

1,529

1,572

1,616

1,682

1,747

1,813

1,878

1,944

2,009

2,097

2,184

47

1,411

1,454

1,497

1,540

1,582

1,647

1,711

1,775

1,839

1,903

1,967

2,053

2,138

10s.

46

1,381

1,423

1,465

1,507

1,549

1,612

1,674

1,737

1,800

1,863

1,926

2,009

2,093

45

1,351

1,392

1,433

1,474

1,515

1,577

1,638

1,699

1,761

1,822

1,884

1,966

2,047

10s.

44

1,321

1,361

1,401

1,441

1,481

1,542

1,602

1,662

1,722

1,782

1,842

1,922

2,002

43

1,291

1,330

1,370

1,409

1,448

1,507

1,565

1,624

1,683

1,741

1,800

1,878

1,956

10s.

42

1,261

1,299

1,338

1,376

1,414

1,471

1,529

1,586

1,643

1,701

1,758

1,835

1,911

41

1,231

1,269

1,306

1,343

1,380

1,436

1,492

1,548

1,604

1,660

1,716

1,791

1,865

10s.

40

1,201

1,238

1,274

1,310

1,347

1,401

1,456

1,511

1,565

1,620

1,674

1,747

1,820

39

1,171

1,207

1,242

1,278

1,313

1,366

1,420

1,473

1,526

1,579

1,633

1,704

1,774

10s.

38

1,141

1,176

1,210

1,245

1,279

1,331

1,383

1,435

1,487

1,539

1,591

1,660

1,729

37

1,111

1,145

1,178

1,212

1,246

1,296

1,347

1,397

1,448

1,498

1,549

1,616

1,683

10s.

36

1,081

1,114

1,147

1,179

1,212

1,261

1,310

1,360

1,409

1,458

1,507

1,572

1,638

35

1,051

1,083

1,115

1,147

1,178

1,226

1,274

1,322

1,370

1,417

1,465

1,529

1,592

10s.

34

1,021

1,052

1,083

1,114

1,145

1,191

1,238

1,284

1,330

1,377

1,423

1,485

1,547

33

991

1,021

1,051

1,081

1,111

1,156

1,201

1,246

1,291

1,336

1,381

1,441

1,501

10s.

32

961

990

1,019

1,048

1,077

1,121

1,165

1,208

1,252

1,296

1,340

1,398

1,456

31

931

959

987

1,016

1,044

1,086

1,128

1,171

1,213

1,255

1,298

1,354

1,410

10s.

30

901

928

956

983

1,010

1,051

1,092

1.133

1,174

1,215

1,256

1,310

1,365

29

871

897

924

950

976

1,016

1,056

1,095

1,135

1,174

1,214

1,267

1,319

10s.

28

841

866

892

917

943

981

1,019

1,057

1,096

1,134

1,172

1,223

1,274

27

811

835

860

885

909

946

983

1,020

1,057

1,093

1,130

1,179

1,228

10s.

26

781

804

828

852

875

911

946

982

1,017

1,053

1,088

1,136

1,183

25

751

774

796

819

842

876

910

944

978

1,012

1,047

1,092

1,137

10s.

24

721

743

764

786

808

841

874

906

939

972

1,005

1,048

1,092

23

691

712

733

753

774

806

837

869

900

931

963

1,005

1,046

10s.

22

661

681

701

721

741

771

801

831

861

891

921

961

1,001

21

631

650

669

688

707

736

764

793

822

850

879

917

955

10s.

20

601

619

637

655

673

701

728

755

783

810

837

874

910

19

571

588

605

622

640

666

692

718

743

769

795

830

864

10s.

18

541

557

573

590

606

631

655

680

704

729

753

786

819

17

511

526

541

557

572

596

619

642

665

688

712

743

773

10s.

16

480

495

510

524

539

561

582

604

626

648

670

699

728

15

450

464

478

491

505

526

546

566

587

607

628

655

682

10s.

14

420

433

446

459

471

490

510

529

548

567

586

612

637

13

390

402

414

426

438

455

473

491

509

526

544

568

591

10s.

12

360

371

382

393

404

420

437

453

470

486

502

524

546

11

330

340

350

360

370

385

400

415

430

445

460

480

500

10s.

10

300

309

319

328

337

350

364

378

391

405

419

437

455

9

270

278

287

295

303

315

328

340

352

364

377

393

409

10s.

8

240

248

255

262

269

280

291

302

313

324

335

349

364

7

210

217

223

229

236

245

255

264

274

283

293

306

318

10s.

6

180

186

191

197

202

210

218

227

235

243

251

262

273

5

150

155

159

164

168

175

182

189

196

202

209

218

227

10s.

4

120

124

127

131

135

140

146

151

157

162

167

175

182

  

Third Schedule—continued.

Rates of Pension per Annum—continued.

Part II—Members other than Officers.

Category of Member.

Number of Completed Years of Service for Pension—

20

21

22

23

24

25

26

27

28

29

30

£

£

£

£

£

£

£

£

£

£

£

32

728

757

786

815

844

874

903

932

961

990

1,019

31

705

733

762

790

818

846

875

903

931

959

987

30

683

710

737

764

792

819

846

874

901

928

956

29

660

686

713

739

765

792

818

844

871

897

924

28

637

662

688

713

739

764

790

815

841

866

892

27

614

639

663

688

713

737

762

786

811

835

860

26

592

615

639

662

686

710

733

757

781

804

828

25

569

592

614

637

660

683

705

728

751

774

796

24

546

568

590

612

633

655

677

699

721

743

764

23

523

544

565

586

607

628

649

670

691

712

733

22

501

521

541

561

581

601

621

641

661

661

701

21

478

497

516

535

554

573

592

612

631

650

669

20

455

473

491

510

528

546

564

582

601

619

637

19

432

450

467

484

501

519

536

553

571

588

605

18

410

426

442

459

475

491

508

524

541

557

573

17

387

402

418

433

449

464

480

495

511

526

541

16

364

379

393

408

422

437

451

466

480

495

510

15

341

355

369

382

396

410

423

437

450

464

478

14

319

331

344

357

369

382

395

408

420

433

446

13

296

308

319

331

343

355

367

379

390

402

414

12

273

284

295

306

317

328

339

349

360

371

382

11

250

260

270

280

290

300

310

320

330

340

350

10

228

237

246

255

264

273

282

291

300

309

319

9

205

213

221

229

238

246

254

262

270

278

287

8

182

189

197

204

211

218

226

233

240

248

255

7

159

166

172

178

185

191

197

204

210

217

223

6

137

142

147

153

158

164

169

175

180

186

191

5

114

118

123

127

132

137

141

146

150

155

159

4

91

95

98

102

106

109

113

116

120

124

127

 

Third Schedule—continued.

Rates of Pension per Annum—continued.

Part II.—Members other than Officers—continued.

Category of Member.

Number of Completed Years of Service for Pension—

31

32

33

34

35

36

37

£

£

£

£

£

£

£

32

1,048

1,077

1,121

1,165

1,208

1,252

1,296

31

1,016

1,044

1,086

1,128

1,171

1,213

1,255

30

983

1,010

1,051

1,092

1,133

1,174

1,215

29

950

976

1,016

1,056

1,095

1,135

1,174

28

917

943

981

1,019

1,057

1,096

1,134

27

885

909

946

983

1,020

1,057

1,093 1,053

26

852

875

911

946

982

1,017

25

819

842

876

910

944

978

1,012

24

786

808

841

874

906

939

972

23

753

774

806

837

869

900

931

22

721

741

771

801

831

861

891

21

688

707

736

764

793

822

850

20

655

673

701

728

755

783

810

19

622

640

666

692

718

743

769

18

590

606

631

655

680

704

729

17

557

572

596

619

642

665

688

16

524

539

561

582

604

626

648

15

491

505

526

546

566

587

607

14

459

471

490

510

529

548

567

13

426

438

455

473

491

509

526

12

393

404

420

437

453

470

486

11

360

370

385

400

415

430

445

10

328

337

350

364

378

391

405

9

295

303

315

328

340

352

364

8

262

269

280

291

302

313

324

7

229

236

245

255

264

274

283

6

197

202

210

218

227

235

243

5

164

168

175

182

189

196

202

4

131

135

140

146

151

157

162

 

FOURTH SCHEDULE. Section 39.

Period of Service for Pension Referred to in Paragraph (c) of Sub-section (2.) of Section 39.

Rank.

Period.

Permanent Naval Forces.

Permanent Military Forces.

Permanent Air Force.

General List.

Special Duties List.

Rear-Admiral, or relative or higher rank

..............................

Major-General, or higher rank

Air Vice-Marshal, or higher rank

Years. 30

Captain, or relative rank

..............................

Brigadier...............

Air Commodore.....

28

..............................

Commander (S.D.), or relative rank

Colonel..................

Group Captain.......

26

Commander, or relative rank

Senior Chaplain

Lieutenant -Commander (S.D.), or relative rank

Lieutenant-Colonel

Major (Quartermaster)

Captain (Quartermaster)

Chaplain, First Class or Second Class

Colonel (Royal Australian Army Nursing Corps)

Colonel (Women’s Royal Australian Army Corps)

Wing Commander Chaplain, First Class or Second Class

Group Officer (Royal Australian Air Force Nursing Service)

Group Officer (Women’s Royal Australian Air Force)

24

Lieutenant -Commander, or relative rank Chaplain

Chief Officer (Women’s Royal Australian Naval Forces)

Lieutenant (S.D.), or relative or lower rank

Major

Chaplain, Third Class

Lieutenant -Colonel (Royal Australian Army Nursing Corps)

Lieutenant-Colonel (Women’s Royal Australian Army Corps)

Squadron Leader

Chaplain, Third Class

Wing Officer (Royal Australian Air Force Nursing Service)

Wing Officer (Women’s Royal Australian Air Force)

22

Lieutenant, or relative rank

First Officer, or lower rank (Women’s Royal Australian Naval Forces)

..............................

Captain

Lieutenant (Quartermaster)

Chaplain, Fourth Class

Major (Royal Australian Army Nursing Corps)

Major (Women’s Royal Australian Army Corps)

Any lower rank

Flight Lieutenant

Chaplain, Fourth Class

Squadron Officer (Royal Australian Air Force Nurssing Service)

Squadron Officer (Women’s Royal Australian Air Force)

Any lower rank

20

 

FIFTH SCHEDULE. Section 52.

Rates of Class A Invalidity Pensions.

Category of Member.

Rate per annum.

£

s.

d.

54

2,457

0

0

53

2,411

10

0

52

2,366

0

0

51

2,320

10

0

50

2,275

0

0

49

2,229

10

0

48

2,184

0

0

47

2,138

10

0

46

2,093

0

0

45

2,047

10

0

44

2,002

0

0

43

1,956

10

0

42

1,911

0

0

41

1,865

10

0

40

1,820

0

0

39

1,774

10

0

38

1,729

0

0

37

1,683

10

0

36

1,638

0

0

35

1,592

10

0

34

1,547

0

0

33

1,501

10

0

32

1,456

0

0

31

1,410

10

0

30

1,365

0

0

29

1,319

10

0

28

1,274

0

0

27

1,228

10

0

26

1,183

0

0

25

1,137

10

0

24

1,092

0

0

23

1,046

10

0

22

1,001

0

0

21

955

10

0

20

910

0

0

19

864

10

0

18

819

0

0

17

773

10

0

16

728

0

0

15

682

10

0

14

637

0

0

13

591

10

0

12

546

0

0

11

500

10

0

10

455

0

0

9

409

10

0

8

364

0

0

7

318

10

0

6

273

0

0

5

227

10

0

4

182

0

0

 

Part III.—Amendments of the Defence Forces Retirement Benefits Act 1959-1961.

Interpretation.

14.—(1.) Section thirty-eight of the Defence Forces Retirement Benefits Act 1959-1961 is amended by inserting in the definition of “additional basic pension” in sub-section (1.), after the word “fifty”, the words “, and to sub-section (4.) of section fifty a,”.

(2.) Section thirty-eight of the Defence Forces Retirement Benefits Act 1959-1961 is amended by omitting sub-section (7.) and inserting in its stead the following sub-section:—

“(7.) Where the category of an existing contributor who has attained the retiring age for the rank held by him changes and—

(a) the change occurred as a result of his being reduced to a lower rank; or

(b) the change occurred after the expiration of a period of two years after he has attained that retiring age,

that change in category shall be disregarded for the purposes of the Defence Forces Retirement Benefits Act 1948-1962 and of any other Act relating to retirement benefits for members of the Defence Forces of the Commonwealth.”.

Contributions on promotion. &c.,of existing contributors.

15. Section forty-nine of the Defence Forces Retirement Benefits Act 1959-1961 is amended—

(a) by inserting after sub-section (2.) the following subsection:—

“(2a.) Where, at any time, the retiring age applicable to an existing contributor who is liable to make additional contributions to the Fund changes by reason of a change in his rank, branch or group or for any other reason but his category does not change at that time, the amount to be paid fortnightly by him to the Fund in respect of those contributions shall, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day), be, in lieu of the amount that but for this sub-section would be payable, such amount as is determined by the Board on the advice of the Commonwealth Actuary.”; and

(b) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) In this section—

‘additional contributions’ means contributions payable under this Part, otherwise than by virtue of section forty-three of this Act;

‘retiring age’, in relation to an existing contributor, means the age that is the retiring age for the rank held by him.”.

 

Election on change of category to make additional contributions.

16. Section fifty of the Defence Forces Retirement Benefits Act 1959-1961 is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where the category of an existing contributor who has made an election under section forty-four of this Act changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he may, by notice in writing given to the Board within four months after the change, elect to contribute under this section for such part of his maximum additional basic pension as is specified in the election and does not exceed the difference between the amount of his maximum additional basic pension and the amount of his additional basic pension immediately before the change.”.

17. After section fifty of the Defence Forces Retirement Benefits Act 1959-1961 the following section is inserted:—

Election by certain existing contributors to contribute for neglected pension.

“50a.—(1.) Subject to this section, an existing contributor who is not a contributor for maximum additional basic pension and has not made an election under section twenty-eight of the Defence Forces Retirement Benefits Act 1962 may, by notice in writing given to the Board within six months after the commencement of this section, elect to contribute under this section for such part of his maximum additional basic pension as is specified in the election and does not exceed the difference between the amount of his maximum additional basic pension and the amount of his additional basic pension immediately before the election.

“(2.) Where a contributor who has made an election under the last preceding sub-section makes an election under section twenty-eight of the Defence Forces Retirement Benefits Act 1962, the election made by him under the last preceding sub-section shall be deemed not to have been made.

“(3.) An election under sub-section (1.) of this section does not have effect unless, within six months after the election, the contributor satisfies the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties.

“(4.) Where an election is made by a contributor under subsection (1.) of this section—

(a) the contributor shall, in addition to any other contributions that he is required to make to the Fund, make, as from the date of the election (or, if that date is not a pay-day, as from the next following pay-day), fortnightly contributions to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary; and

 

(b) the amount of his additional basic pension shall, as from the date of the election, be deemed to be increased by an amount equal to such part of his maximum additional basic pension as is specified in the election.”.

Cessation of additional contributions payable under this Part.

18. Section fifty-one of the Defence Forces Retirement Benefits Act 1959-1961 is amended by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Where—

(a) an existing contributor, not being an officer, has, by virtue of the operation of the preceding provisions of this section, ceased to be liable to make additional contributions to the Fund and, after he has so ceased, his category changes and he becomes liable to make contributions to the Fund under section forty-nine or section fifty of this Act; or

(b) a change takes place in the category of an existing contributor, not being an officer, who has not at any time made additional contributions to the Fund and—

(i) has completed twenty years’ service for pension; or

(ii) will, at the completion of the engagement under which he is serving, have completed twenty years’ service for pension,

and he becomes liable to make contributions to the Fund under section forty-nine or section fifty of this Act,

he shall not make those contributions in respect of any period after the day on which—

(c) he ceases to be a member;

(d) he attains the retiring age for the rank held by him; or

(e) he completes the engagement under which he was serving on the day on which his category changed,

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.”.

19. After section fifty-eight of the Defence Forces Retirement Benefits Act 1959-1961 the following section is inserted:—

Maximum pension—existing contributors.

“58a. Where pension becomes payable under the Principal Act as amended by this Act to or in respect of an existing contributor, the rate of that pension shall, notwithstanding any other provision of this Part, not exceed the rate of pension that would have been payable to or in respect of him under that

 

Act as so amended if the provisions of this Part had not been enacted, reduced, in the case of a pension payable to the widow of a contributor who has made an election under section forty-seven or section forty-eight of this Act, by one-fifth.”.

20. After section seventy-nine of the Defence Forces Retirement Benefits Act 1959-1961 the following section is inserted:—

Deferment of payment of contributions payable on promotion, &c.

“79a.—(1.) In this section—

‘additional contributions’, in relation to an existing contributor who has been promoted or whose retiring age has changed, means the contributions that he is, by reason of the promotion or change, required to make to the Fund under section forty-nine of this Act;

‘retiring age’, in relation to an existing contributor, means the age that is the retiring age for the rank held by him.

“(2.) Where the Board is satisfied that an existing contributor who has been promoted or whose retiring age has changed would suffer hardship if he were required to pay additional contributions fortnightly to the Fund, the Board may consent to the deferment of payment of the whole or any part of the additional contributions.

“(3.) Where the Board so consents—

(a) payment of the contributor’s fortnightly additional contributions or of the part of those contributions to which the consent relates, as the case may be, (in this sub-section referred to as ‘the deferred contributions’) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contributions;

(c) the amount of the deferred contributions and interest upon the deferred contributions, or of so much of the deferred contributions and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor (not being a pension payable in respect of a child) shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor

 

otherwise ceasing to be a member, in such circumstances that no pension (not being a pension payable in respect of a child) becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

“(4.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

“(5.) This section has effect notwithstanding anything contained in any other provision of this Act or in the Principal Act as amended by this Act.”.

Citation.

21. The Defence Forces Retirement Benefits Act 1959-1961, as amended by this Part, may be cited as the Defence Forces Retirement Benefits Act 1959-1962.

Part IV.—Miscellaneous.

Interpretation.

22.—(l.) In this Part, unless the contrary intention appears—

“additional basic pension”, in relation to a prescribed contributor, means, subject to sub-section (3.) of section thirty-five of this Act—

(a) in the case of a contributor who is not entitled to make an election under sub-section (1.) of section twenty-eight of this Act or, being so entitled, does not make such an election— an amount equal to his maximum additional basic pension;

(b) in the case of a contributor who makes an election under paragraph (c) of that sub-section —nil; or

(c) in the case of a contributor who makes an election under paragraph (d) of that sub-section—an amount equal to such part of his maximum additional basic pension as is specified in the election;

“contributor for maximum additional basic pension” means a prescribed contributor whose additional basic pension is equal to his maximum additional basic pension;

 

“contributor for portion of maximum additional basic pension” means a prescribed contributor, other than a contributor not contributing for additional basic pension, whose additional basic pension is less than his maximum additional basic pension;

“contributor not contributing for additional basic pension” means a prescribed contributor whose additional basic pension is nil;

“existing contributor” means a person, other than a prescribed contributor, who is a member on the commencing date and was, immediately before that date, a contributor;

“future basic pension” means—

(a) in relation to a prescribed contributor who was an officer immediately before the commencing date—an amount equal to the amount of pension per annum specified in Part I. of the Third Schedule to the Principal Act as amended by this Act—

(i) opposite to the category of members within which the officer was included immediately before the commencing date; and

(ii) in relation to—

(a) if the officer had, within the period of two years immediately before the commencing date, attained the retiring age for the rank held by him immediately before that date—the age attained by him immediately before that date;

(b) if the officer had, before the commencing date but not within the period of two years immediately before that date, attained the retiring age for the rank held by him immediately before that date—the age attained by him at the expiration of the period of two years after he had attained that retiring age; or

 

(c) in any other case—the age that is the retiring age for the rank held by the officer immediately before the commencing date; and

(b) in relation to a prescribed contributor who was not an officer immediately before the commencing date—an amount equal to the amount of pension per annum specified in Part II. of the Third Schedule to the Principal Act as amended by this Act—

(i) opposite to the category of members within which the contributor was included immediately before the commencing date; and

(ii) in relation to—

(a) if the contributor had, before the commencing date, attained the retiring age for the rank held by him immediately before that date and completed not less than twenty-one years’ service for pension—the number of years of service for pension so completed by him, other than any part of that service for pension served after the expiration of two years after he had attained that retiring age;

(b) if the contributor had not, before the commencing date, attained the retiring age for the rank held by him immediately before that date but will (on the completion of the engagement under which he is serving on the commencing date or on attaining that retiring age, whichever will first occur) have completed not less than twenty-one years’ service for pension—the number of years of service for pension that will have been so completed by him; or

(c) in

 

(c) in any other case—twenty years’ service for pension;

“maximum additional basic pension”, in relation to a prescribed contributor, means—

(a) if his future basic pension exceeds his previous basic pension—an amount equal to the difference between his future basic pension and his previous basic pension; and

(b) in any other case—nil;

“prescribed contributor” means a person who is a member on the commencing date and is an existing contributor as defined by sub-section (1.) of section thirty-eight of the Defence Forces Retirement Benefits Act 1959, but does not include a person to whom regulation 5 or regulation 7 of the Defence Forces Retirement Benefits (Existing Contributors) Regulations as in force immediately before the commencing date applies;

“previous basic pension” means—

(a) in relation to a prescribed contributor who was an officer immediately before the commencing date—an amount equal to the amount of pension per annum specified in Part I. of the Third Schedule to the Principal Act—

(i) opposite to the category of members within which the officer was included, for the purposes of the Principal Act, immediately before the commencing date; and

(ii) in relation to—

(a) if the officer had, within the period of two years immediately before the commencing date, attained the retiring age for the rank held by him immediately before that date—the age attained by him immediately before that date;

(b) if the officer had, before the commencing date but not within the period of two years immediately before that date, attained the retiring age for the rank held by him immediately before that

 

date—the age attained by him at the expiration of the period of two years after he had attained that retiring age; or

(c) in any other case—the age that is the retiring age for the rank held by the officer immediately before the commencing date; and

(b) in relation to a prescribed contributor who was not an officer immediately before the commencing date—an amount equal to the amount of pension per annum specified in Part II. of the Third Schedule to the Principal Act—

(i) opposite to the category of members within which the contributor was included, for the purposes of the Principal Act, immediately before the commencing date; and

(ii) in relation to—

(a) if the contributor had, before the commencing date, attained the retiring age for the rank held by him immediately before that date and completed not less than twenty-one years’ service for pension—the number of years of service for pension so completed by him, other than any part of that service for pension served after the expiration of two years, after he had attained that retiring age;

(b) if the contributor had not, before the commencing date, attained the retiring age for the rank held by him immediately before that date but will (on the completion of the engagement under which he is serving on the commencing date or on attaining that retiring age, whichever will first occur) have completed not less than twenty

 

one years’ service for pension—the number of years of service for pension that will have been so completed by him; or

(c) in any other case—twenty years’ service for pension;

“the commencing date” means the date fixed under sub-section (1.) of section two of this Act.

(2.) In this Part, unless the contrary intention appears, expressions defined by the Principal Act as amended by this Act have the same respective meanings as they have in the Principal Act as so amended.

(3.) A reference in this Part (other than in the definition of “previous basic pension” in sub-section (1.) of this section or in the definition of “previous rate of pension” in sub-section (1.) of section forty-nine of this Act) to the category of a member shall be read as a reference to the category of members within which the member is included for the purposes of the Principal Act as amended by this Act, and, for the purposes of this Part (other than the definition of “previous basic pension” in sub-section (1.) of this section or the definition of “previous rate of pension” in sub-section (1.) of section forty-nine of this Act), section six of this Act, and section thirteen of this Act in so far as it repeals the First Schedule to the Principal Act and inserts another Schedule in its stead, shall be deemed to have come into operation on the day immediately preceding the commencing date.

(4.) A reference in this Part to pension payable to or in respect of a person shall be read as not including a reference to pension payable in respect of a child.

(5.) Where the category of a prescribed contributor who has attained the retiring age for the rank held by him changes and—

(a) the change occurred as a result of his being reduced to a lower rank; or

(b) the change occurred after the expiration of a period of two years after he has attained that retiring age,

that change in category shall be disregarded for the purposes of the Defence Forces Retirement Benefits Act 1948-1962 and of any other Act relating to retirement benefits for members of the Defence Forces of the Commonwealth.

(6.) Where, on the commencing date, a prescribed contributor (not being an officer) is not serving under engagement for a definite term, he shall, for the purposes of this Part (other than section thirty or section thirty-two of this Act), be deemed to be serving under an engagement that terminates on that date.

 

Determination of number of fortnightly periods applicable to a prescribed contributor.

23.—(1.) For the purposes of sections twenty-nine and thirty-one of this Act, the number of fortnightly periods applicable to a prescribed contributor shall, subject to the next succeeding sub-section, be deemed to be the number of successive periods of a fortnight (including any period consisting of part of a fortnight) included in the period commencing on the pay-day next following the commencing date and ending—

(a) in the case of an officer—on the date on which he will attain the retiring age for the rank held by him immediately before the commencing date; or

(b) in the case of a prescribed contributor other than an officer—

(i) if he has completed twenty years’ service for pension before the commencing date—on the date on which the engagement under which he is serving on the commencing date will terminate; or

(ii) in any other case—on whichever of the following dates will last occur, that is to say, the date on which he will complete the engagement under which he is serving on the commencing date or the date on which he will complete twenty years’ service for pension.

(2.) For the purposes of the last preceding sub-section, a prescribed contributor, not being an officer, who will, before the completion of the engagement under which he is serving on the commencing date, attain the retiring age for the rank held by him shall be deemed to be serving on the commencing date under an engagement that will end on the date on which he will attain that retiring age.

Elections under this Part.

24.—(1.) Notwithstanding anything contained in this Part, a person is not entitled to make an election under this Part after he ceases to be a member.

(2.) A person is not permitted to vary or revoke an election made by him under this Part.

Application of Defence Forces Retirement Benefits Acts to prescribed contributors.

25.—(1.) Subject to this Part, the provisions of the Defence Forces Retirement Benefits Act 1948-1962 and of Part III. of the Defence Forces Retirement Benefits Act 1959-1962 apply to and in relation to prescribed contributors.

(2.) In the application to or in relation to prescribed contributors of Part III. of the Defence Forces Retirement Benefits Act 1959-1962—

(a) any reference in sections fifty-seven to fifty-nine (inclusive), sixty-one to sixty-six (inclusive), sixty-eight, sixty-nine, seventy-one, seventy-two, seventy-five to seventy-nine a (inclusive) and eighty-one to

 

eighty-five (inclusive) of that Act to the Defence Forces Retirement Benefits Act 1948-1958 as amended by the Defence Forces Retirement Benefits Act 1959 shall be read as a reference to the Defence Forces Retirement Benefits Act 1948-1962; and

(b) any reference in section fifty-six or section eighty of that Act to the Defence Forces Retirement Benefits Act 1948-1958 as amended by the Defence Forces Retirement Benefits Act 1959 shall be read as a reference to the Defence Forces Retirement Benefits Act 1948-1962 and to any other Act relating to retirement benefits for members of the Defence Forces of the Commonwealth.

Contributions by prescribed contributors.

26. A prescribed contributor shall not contribute to the Fund except as provided by this Part.

Prescribed contributors to continue existing contributions.

27.Subject to this Part, each prescribed contributor shall, after the commencement of this Part, make contributions to the Fund as provided by Part III. of the Defence Forces Retirement Benefits Act 1959-1962.

Election not to contribute for maximum pension.

28.—(1.) Where, before the commencing date—

(a) a prescribed contributor had attained the retiring age for the rank held by him immediately before that date or had attained an age within eight years of that retiring age; or

(b) a prescribed contributor, not being an officer, had completed twelve years’ service for pension,

he may, by notice in writing given to the Board on, or within six months after, the commencing date—

(c) elect not to contribute for additional basic pension; or

(d) elect to contribute for such part only of his maximum additional basic pension as is specified in the election.

(2.) An election made under the last preceding sub-section after the commencing date has effect as if it had been made on that date.

Contributions for additional basic pension.

29.—(1.) A prescribed contributor (other than a contributor who makes an election under paragraph (c) of sub-section (1.) of the last preceding section or to whom the next succeeding section applies) shall, after the commencement of this Part, in addition to any other contributions that he is required to make to the Fund, make fortnightly contributions to the Fund of an amount ascertained or determined in accordance with the succeeding provisions of this section.

 

(2.) Where the number of fortnightly periods applicable to a contributor is a number specified in the first column of the First Schedule to the Defence Forces Retirement Benefits Act 1959-1962, the amount of each fortnightly contribution payable by him under the last preceding sub-section is eighty-five per centum of an amount that bears to the amount that is applicable to him in accordance with the next succeeding sub-section the same proportion as the amount of his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Schedule referred to in the last preceding sub-section as is applicable to him having regard to the number of fortnightly periods applicable to him, to whether he is an officer or not and, if he is an officer, to the retiring age for the rank held by him immediately before the commencing date.

(4.) Where the number of fortnightly periods applicable to a contributor is a number that is not specified in the Schedule referred to in sub-section (2.) of this section, the amount of each fortnightly contribution payable by him under sub-section (1.) of this section is such amount as is determined by the Board on the advice of the Commonwealth Actuary, being an amount not greater than the amount of each fortnightly contribution that would have been payable by him in accordance with the last preceding sub-section if the number of fortnightly periods applicable to him had been the next lower number that is specified in the first column of that Schedule.

(5.) Where a prescribed contributor to whom this section applies ceases to be a member on or after the commencing date and before the pay-day next following that date, he shall, for the purposes of sub-section (1.) of section sixty-eight of the Principal Act as amended by this Act, be deemed, notwithstanding anything contained in section thirty-six of this Act, to be liable to pay to the Fund one fortnightly contribution under this section.

Contribution for additional basic pension-prescribed contributor who attained retiring age before commencing date, &c.

30.—(1.) This section applies to a prescribed contributor who does not make an election under paragraph (c) of sub-section (1.) of section twenty-eight of this Act and—

(a) had, before the commencing date, attained the retiring age for the rank held by him immediately before that date;

(b) will, on or after the commencing date and before the pay-day next following that date, attain that retiring age; or

 

(c) not being an officer—

(i) is not, on the commencing date, serving under engagement for a definite term; or

(ii) will, on or after that date and before the payday next following that date, complete the engagement under which he is serving on the commencing date and complete a period of service for pension of not less than twenty years.

(2.) A prescribed contributor to whom this section applies shall, before the expiration of one month after the commencing date or before the day on which he ceases to be a member, whichever first occurs, in addition to any other contributions that he is required to make to the Fund, make one contribution to the Fund equal to eighty-five per centum of an amount that bears to the amount that is applicable to him in accordance with the next succeeding sub-section the same proportion as the amount of his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Second Schedule to the Defence Forces Retirement Benefits Act 1959-1962 as is applicable to the contributor having regard to whether he is an officer or not and—

(a) if he is an officer to whom paragraph (a) of sub-section (1.) of this section applies—to the age attained by him immediately before the commencing date; or

(b) if he is an officer to whom paragraph (b) of that sub-section applies—to the retiring age for the rank held by him.

Contributions for additional widow’s pension.

31.—(1.) A prescribed contributor (other than a female or a contributor who has made an election under sub-section (6.) of section forty-seven of the Defence Forces Retirement Benefits Act 1959 or of that Act as amended or to whom the next succeeding section applies) shall, after the commencement of this Part, in addition to any other contributions that he is required to make to the Fund, make fortnightly contributions to the Fund of an amount ascertained or determined in accordance with the succeeding provisions of this section.

(2.) Where the number of fortnightly periods applicable to a contributor is a number specified in the first column of the Third Schedule to the Defence Forces Retirement Benefits Act 1959-1962, the amount of each fortnightly contribution payable by him under the last preceding sub-section is eighty-five per centum of an amount that bears to the amount that is applicable

 

to him in accordance with the next succeeding sub-section the same proportion as his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Schedule referred to in the last preceding sub-section as is applicable to him having regard to the number of fortnightly periods applicable to him, to whether he is an officer or not and, if he is an officer, to the retiring age for the rank held by him immediately before the commencing date.

(4.) Where the number of fortnightly periods applicable to a contributor is a number that is not specified in the Schedule referred to in sub-section (2.) of this section, the amount of each fortnightly contribution payable by him under sub-section (1.) of this section is such amount as is determined by the Board on the advice of the Commonwealth Actuary, being an amount not greater than the amount of each fortnightly contribution that would have been payable by him in accordance with the last preceding sub-section if the number of fortnightly periods applicable to him had been the next lower number that is specified in the first column of that Schedule.

(5.) Where a prescribed contributor to whom this section applies ceases to be a member on or after the commencing date and before the pay-day next following that date, he shall, for the purposes of sub-section (1.) of section sixty-eight of the Principal Act as amended by this Act, be deemed, notwithstanding anything contained in section thirty-six of this Act, to be liable to pay to the Fund one fortnightly contribution under this section.

Contribution for additional widow’s pension—prescribed contributor who attained retiring age before commencing date, &c.

32.—(1.) This section applies to a prescribed contributor (other than a female or a contributor who has made an election under sub-section (4.) of section forty-eight of the Defence Forces Retirement Benefits Act 1959) who—

(a) had, before the commencing date, attained the retiring age for the rank held by him immediately before that date;

(b) will, on or after the commencing date and before the pay-day next following that date, attain that retiring age; or

(c) not being an officer—

(i) is not, on the commencing date, serving under engagement for a definite term; or

 

(ii) will, on or after that date and before the pay-day next following that date, complete the engagement under which he is serving on the commencing date and complete a period of service for pension of not less than twenty years.

(2.) A prescribed contributor to whom this section applies shall, before the expiration of one month after the commencing date or before the day on which he ceases to be a member, whichever first occurs, in addition to any other contributions that he is required to make to the Fund, make one contribution to the Fund equal to eighty-five per centum of an amount that bears to the amount that is applicable to him in accordance with the next succeeding sub-section the same proportion as his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Fourth Schedule to the Defence Forces Retirement Benefits Act 1959-1962 as is applicable to the contributor having regard to whether he is an officer or not and—

(a) if he is an officer to whom paragraph (a)of sub-section (1.) of this section applies—to the age attained by him immediately before the commencing date; or

(b) if he is an officer to whom paragraph (b) of that sub-section applies—to the retiring age for the rank held by him.

Contributions on change of category, &c., of prescribed contributors.

33.—(1.) Section forty-nine of the Defence Forces Retirement Benefits Act 1959-1962 does not apply to or in relation to a promotion, or a change in the category or retiring age, of a prescribed contributor that takes effect on or after the commencing date.

(2.) Where the category of a prescribed contributor (other than a contributor who has attained the retiring age for the rank held by him) who is not liable to make additional contributions to the Fund changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he shall, in addition to any other contributions that he is required to make to the Fund, make, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day) fortnightly contributions to the Fund of such amount as is determined in accordance with regulations made for the purposes of this section.

 

(3.) Where the category of a prescribed contributor (other than a contributor who has attained the retiring age for the rank held by him) who is liable to make additional contributions to the Fund changes, the amount to be paid fortnightly by him to the Fund in respect of those contributions shall, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day), be, in lieu of the amount that but for this sub-section would be payable, such amount as is determined in accordance with regulations made for the purposes of this section.

(4.) Where, at any time, the retiring age applicable to a prescribed contributor who is liable to make additional contributions to the Fund changes by reason of a change in his rank, branch or group or for any other reason but his category does not change at that time, the amount to be paid fortnightly by him to the Fund in respect of those contributions shall, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day), be, in lieu of the amount that but for this sub-section would be payable, such amount as is determined in accordance with regulations made for the purposes of this section.

(5.) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters that are required or permitted by this section to be prescribed, or are necessary or convenient to be prescribed for giving effect to this section, and regulations so made within the period of six months immediately following the commencing date shall, unless otherwise provided by the regulations, have effect and be deemed to have had effect from and including that date.

(6.) In this section—

“additional contributions” means contributions payable to the Fund as provided by this Part, other than contributions payable in accordance with the provisions of the Defence Forces Retirement Benefits Act 1948-1958;

“retiring age”, in relation to a prescribed contributor, means the age that is the retiring age for the rank held by him.

Contribution on change of category of prescribed contributor who has attained retiring age.

34. Where the category of a prescribed contributor who has attained the retiring age for the rank held by him changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he shall, before the expiration of one month after the date of the change or before the day on which he ceases to be a member, whichever first occurs, in addition to any other contributions that he is required to make to the Fund, make one contribution to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary.

 

Election on change of category to make additional contributions.

35.—(1.) Where, on or after the commencing date, the category of a prescribed contributor who has made an election under section twenty-eight of this Act changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he may, by notice in writing given to the Board within four months after the change, elect to contribute under this section for such part of his maximum additional basic pension as is specified in the election and does not exceed the difference between the amount of his maximum additional basic pension and the amount of his additional basic pension immediately before the change.

(2.) An election under the last preceding sub-section does not have effect unless, within six months after the election, the contributor satisfies the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties.

(3.) Where an election is made by a contributor under sub-section (1.) of this section—

(a) the contributor shall, in addition to any other contributions that he is required to make to the Fund, make, as from the date of the election (or, if that date is not a pay-day, as from the next following pay-day), fortnightly contributions to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary; and

(b) the amount of his additional basic pension shall, as from the date of the election, be deemed to be increased by an amount equal to such part of his maximum additional basic pension as is specified in the election.

Cessation of additional contributions payable under this Part.

36.—(1.) A prescribed contributor, being an officer, shall not make additional contributions to the Fund in respect of any period after the day on which—

(a) he ceases to be a member; or

(b) he attains the retiring age for the rank held by him,

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.

(2.) A prescribed contributor, not being an officer, shall not make additional contributions to the Fund in respect of any period after the day on which—

(a) he ceases to be a member;

(b) he attains the retiring age for the rank held by him; or

(c) he completes twenty years’ service for pension,

 

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.

(3.) In the application of the last preceding sub-section to a prescribed contributor who, before completing the engagement under which he is serving on the commencing date, completes twenty years’ service for pension, the reference in that sub-section to the day on which a prescribed contributor completes twenty years’ service for pension shall be read as a reference to the day on which he completes that engagement.

(4.) Where—

(a) a prescribed contributor, not being an officer, has, by virtue of the operation of the preceding provisions of this section, ceased to be liable to make additional contributions to the Fund and, after he has so ceased, his category changes and he becomes liable to make contributions to the Fund under section thirty-three or section thirty-five of this Act; or

(b) a change takes place in the category of a prescribed contributor, not being an officer, who has not at any time made additional contributions to the Fund and—

(i) has completed twenty years’ service for pension; or

(ii) will, at the completion of the engagement under which he is serving, have completed twenty years’ service for pension,

and he becomes liable to make contributions to the Fund under section thirty-three or section thirty-five of this Act,

he shall not make those last-mentioned contributions in respect of any period after the day on which—

(c) he ceases to be a member;

(d) he attains the retiring age for the rank held by him; or

(e) he completes the engagement under which he was serving on the day on which his category changed,

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.

(5.) In this section, “additional contributions” means contributions payable to the Fund as provided by this Part, other than contributions under section twenty-seven, section thirty, section thirty-two or section thirty-four of this Act or contributions with respect to the cessation of which provision is made in the last preceding sub-section.

 

Contributions under this Part deemed to be contributions paid under the Defence Forces Retirement Benefits Act 1948-1962.

37. In the application of the Defence Forces Retirement Benefits Act 1948-1962 to a prescribed contributor, contributions paid by him under the provisions of this Part shall be deemed to be contributions paid by him under that Act.

Pension to or in respect of contributor not contributing for additional basic pension.

38.—(1.) This section applies to a person who—

(a) has ceased to be a member; and

(b) immediately before he so ceased, was a contributor not contributing for additional basic pension.

(2.) Where pension becomes payable to or in respect of a person to whom this section applies under the Defence Forces Retirement Benefits Act 1948-1962 (not being pension payable to a widow under section fifty-seven of that Act), the amount of that pension per annum is, in lieu of the amount that, but for this section, would be payable, an amount ascertained in accordance with the succeeding provisions of this section.

(3.) Subject to the next two succeeding sub-sections, the amount of pension per annum payable in pursuance of the last preceding sub-section to or in respect of a person is—

(a) an amount equal to the amount of pension per annum that would have been payable to or in respect of the person by virtue of the Defence Forces Retirement Benefits Act 1959-1961 if this Act other than sub-section (2.) of section fourteen of this Act had not been enacted; or

(b) if the person was, immediately before he ceased to be a member, included within a category other than the category within which he was included immediately before the commencing date—whichever is the greater of—

(i) the amount referred to in the last preceding paragraph; or

(ii) the sum of that amount and an amount ascertained in accordance with the formula (A—B)—(C—D), where—

A is the amount of pension per annum that would have been payable to or in respect of the person under the Defence Forces Retirement Benefits Act 1948-1962 if the provisions of this Part and of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted;

B is the amount of pension per annum that would have been payable to or in respect of the person under the Defence

 

Forces Retirement Benefits Act 1948-1962 if the provisions of this Part and of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted and the category within which he was included immediately before he ceased to be a member had been the category within which he was included immediately before the commencing date;

C is the amount of pension per annum that would have been payable to or in respect of the person under the Principal Act if this Act other than sub-section (2.) of section five of this Act and the provisions of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted; and

D is the amount of pension per annum that would have been payable to or in respect of the person under the Principal Act if this Act other than sub-section (2.) of section five of this Act and the provisions of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted and the category within which he was included immediately before he ceased to be a member had been the category within which he was included immediately before the commencing date.

(4.) Where a person to whom this section applies, being an officer, ceased to be a member after the expiration of two years after he attained the retiring age for the rank held by. him immediately before the commencing date, the amounts of pension per annum respectively represented by the symbols B and D in the formula set out in the last preceding sub-section shall be determined without regard to sub-section (4.) of section thirty-eight of the Defence Forces Retirement Benefits Act 1948-1959 or of that Act as amended from time to time.

(5.) In ascertaining the amount of the pension payable to the widow of a person to whom this section applies and who made an election under section forty-seven or section forty-eight of the Defence Forces Retirement Benefits Act 1959 or of that Act as amended, the amount ascertained in accordance with the formula specified in sub-paragraph (ii) of paragraph (b) of sub-section (3.) of this section shall be reduced by one-fifth.

 

Pension to or in respect of contributor for portion of maximum additional basic pension.

39.—(1.) This section applies to a person who—

(a) has ceased to be a member; and

(b) immediately before he so ceased, was a contributor for portion of maximum additional basic pension.

(2.) Where pension becomes payable to or in respect of a person to whom this section applies under the Defence Forces Retirement Benefits Act 1948-1962 (not being pension payable to a widow under section fifty-seven of that Act), the amount of that pension per annum is, in lieu of the amount that, but for this section, would be payable, an amount ascertained in accordance with the next succeeding sub-section.

(3.) The amount of pension per annum payable in pursuance of the last preceding sub-section to or in respect of a person is the sum of—

(a) an amount equal to the amount of pension per annum that would have been payable to or in respect of the person if he had, immediately before he ceased to be a member, been a contributor not contributing for additional basic pension; and

(b) an amount that bears to an amount equal to the difference between—

(i) the amount of pension per annum that would have been payable to or in respect of the person if he had, immediately before he ceased to be a member, been a contributor for maximum additional basic pension; and

(ii) the amount referred to in the last preceding paragraph,

the same proportion as the amount of his additional basic pension immediately before he ceased to be a member bears to the amount of his maximum additional basic pension.

Pension to or in respect of certain contributors for maximum additional basic pension.

40.—(1.) This section applies to a person who—

(a) has ceased to be a member; and

(b) immediately before he so ceased, was a contributor for maximum additional basic pension under this Part but was not a contributor for maximum additional basic pension under Part III. of the Defence Forces Retirement Benefits Act 1959-1962.

(2.) Where pension becomes payable to or in respect of a person to whom this section applies under the Defence Forces Retirement Benefits Act 1948-1962 (not being pension payable to a widow under section fifty-seven of that Act), the amount of that pension per annum is, in lieu of the amount that, but for this section, would be payable, an amount ascertained in accordance with the next succeeding sub-section.

 

(3.) The amount of pension per annum payable in pursuance of the last preceding sub-section to or in respect of a person is whichever is the greater of the following amounts:—

(a) an amount equal to the amount of pension per annum that would have been payable to or in respect of the person by virtue of the Defence Forces Retirement Benefits Act 1959-1961 if this Act other than sub-section (2.) of section fourteen of this Act had not been enacted; or

(b) the sum of the amount referred to in the last preceding paragraph and an amount equal to the difference between—

(i) the amount of pension per annum that would have been payable to or in respect of the person under the Defence Forces Retirement Benefits Act 1948—1962 if the provisions of this Part and of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted, reduced, in the case of a pension payable to the widow of a person who made an election under section forty-seven or section forty-eight of that last-mentioned Act or of that Act as amended, by one-fifth; and

(ii) the amount of pension per annum that would have been payable to or in respect of the person by virtue of Part III. of the Defence Forces Retirement Benefits Act 1959-1961 if this Act other than sub-section (2.) of section fourteen of this Act had not been enacted and he had been a contributor for maximum additional basic pension under that Part.

Reduction in certain pensions.

41.—(1.) This section applies to a prescribed contributor who retires and, immediately before his retirement, was a contributor for maximum additional basic pension or a contributor for portion of maximum additional basic pension or was making contributions to the Fund under section thirty-one or section thirty-three of this Act.

(2.) Where a prescribed contributor to whom this section applies—

(a) having been an officer—is entitled to a pension under the Defence Forces Retirement Benefits Act 1948-1962 by virtue of paragraph (b) or (c) of sub-section (2.) of section thirty-nine of that Act; or

 

(b) not having been an officer—retired before completing the engagement under which he was serving immediately before his retirement and is entitled to a pension under section forty-one of that Act,

the pension may be reduced by the Board to such extent as is determined by the Board on the advice of the Commonwealth Actuary unless, within one month after his retirement or within such further period as the Board allows, he pays to the Fund a contribution of such amount as is determined by the Board on the advice of the Commonwealth Actuary.

(3.) The Commonwealth Actuary shall, in advising the Board in relation to a person for the purposes of the last preceding sub-section, have regard to the amount of the additional basic pension of the person, and to the amount of the contributions being made by him under this Part (other than under section twenty-seven of this Act), immediately before his retirement.

Application of certain provisions of Defence Forces Retirement Benefits Act 1948-1962.

42. Nothing in this Part shall be construed as affecting the application of the provisions of section forty-two a, section fifty or sub-section (10.) of section fifty-two of the Defence Forces Retirement Benefits Act 1948-1962 to or in relation to a prescribed contributor.

Special provisions relating to certain Air Force Officers.

43.—(1.) This section applies to a prescribed contributor to whom section seventy-six of the Defence Forces Retirement Benefits Act 1959-1962 applies.

(2.) Subject to this section, this Part does not apply to or in relation to a prescribed contributor to whom this section applies.

(3.) The Board may, if it thinks fit, on application by a prescribed contributor to whom this section applies made within four months after the commencing date, enter into an agreement with him under which provision is made for the contributor to make contributions to the Fund in addition to those that he is otherwise required to make and for the amount of any benefit payable to or in respect of the contributor to be increased accordingly.

Deferment of payment of contributions.

44.—(1.) In this section—

“additional contributions”, in relation to a prescribed contributor, means the contributions that he is required to make to the Fund under this Part (other than under section twenty-seven, section thirty, section thirty-two, section thirty-three, section thirty-four or section thirty-five of this Act);

“daily rate of pay”, in relation to a prescribed contributor, means his daily rate of pay on the commencing date.

(2.) Where—

(a) a prescribed contributor makes or is entitled to make an election under section twenty-eight of this Act; and

(b) the sum of—

(i) the amount of additional contributions to be paid fortnightly by him to the Fund; and

(ii) the amount of the contributions that he was required to pay fortnightly to the Fund immediately before the commencing date,

exceeds one-tenth in the case of an officer, or one-twentieth in any other case, of the product of his daily rate of pay and fourteen,

he may, subject to this section, by notice in writing given to the Board on, or within six months after, the commencing date, inform the Board that he wishes to defer payment of his fortnightly additional contributions or of such part of those contributions as is specified in the notice.

(3.) Where a contributor gives a notice under the last preceding sub-section—

(a) payment of his fortnightly additional contributions or of the part of those contributions specified in the notice, as the case may be, (in this sub-section referred to as “the deferred contributions”) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contributions;

(c) the amount of the deferred contributions and interest upon the deferred contributions, or of so much of the deferred contributions and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor otherwise ceasing to be a member, in such circumstances that no pension becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

 

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(4.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

(5.) The amount of the contributor’s fortnightly payment to the Fund in respect of his additional contributions shall not, by virtue of this section, be reduced to an amount that, together with the amount referred to in sub-paragraph (ii) of paragraph (b) of sub-section (2.) of this section, is less than one-tenth in the case of an officer, or one-twentieth in any other case, of the product of his daily rate of pay and fourteen.

(6.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Deferment of payment of contribution payable under section 30 or 32 of this Act.

45.—(1.) A prescribed contributor who is required to make a contribution to the Fund under section thirty or section thirty-two of this Act may, by notice in writing given to the Board within one month after the commencing date, or within such further time as the Board allows, inform the Board that he wishes to defer payment of the contribution or of such part of the contribution as is specified in the notice.

(2.) Where a contributor gives a notice under the last preceding sub-section—

(a) payment of his contribution or of the part of the contribution specified in the notice, as the case may be, (in this sub-section referred to as “the deferred contribution”) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contribution;

(c) the amount of the deferred contribution and interest upon the deferred contribution, or of so much of the deferred contribution and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

 

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor otherwise ceasing to be a member, in such circumstances that no pension becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(3.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

(4.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Deferment of payment of contributions payable on change of category, &c.

46.—(1.) In this section—

“additional contributions”, in relation to a prescribed contributor whose category or retiring age has changed, means the contributions that he is, by reason of the change, required to make to the Fund under section thirty-three of this Act;

“retiring age”, in relation to a prescribed contributor, means the age that is the retiring age for the rank held by him.

(2.) Where, on application by a prescribed contributor whose category or retiring age has changed, the Board is satisfied that the contributor would suffer hardship if he were required to pay additional contributions fortnightly to the Fund, the Board may consent to the deferment of payment of the whole or any part of the additional contributions.

(3.) Where the Board so consents—

(a) payment of the contributor’s fortnightly additional contributions or of the part of those contributions to which the consent relates, as the case may be, (in this sub-section referred to as “the deferred contributions”) shall be deferred;

 

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contributions;

(c) the amount of the deferred contributions and interest upon the deferred contributions, or of so much of the deferred contributions and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor otherwise ceasing to be a member, in such circumstances that no pension becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(4.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

(5.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Deferment of payment of contribution payable under section 34 of this Act.

47.—(1.) Where, on application by a prescribed contributor who is required to make a contribution to the Fund under section thirty-four of this Act, the Board is satisfied that the contributor would suffer hardship if he were required to pay that contribution to the Fund, the Board may consent to the deferment of payment of the whole or any part of that contribution.

(2.) Where the Board so consents—

(a) payment of the contribution or of the part of the contribution (in this sub-section referred to as “the deferred contribution”) shall be deferred;

 

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contribution;

(c) the amount of the deferred contribution and interest upon the deferred contribution, or of so much of the deferred contribution and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor otherwise ceasing to be a member, in such circumstances that no pension becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(3.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

(4.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Pensions of certain existing contributors not to be reduced.

48. Notwithstanding anything contained in the Defence Forces Retirement Benefits Act 1948-1962, where pension becomes payable under that Act (not being pension payable to a widow under section fifty-seven of that Act) to or in respect of an existing contributor who, immediately before pension became so payable, was included within the category within which he was included immediately before the commencing date, the rate of that pension shall not be less than the rate of pension that would have been payable to or in respect of him under the Principal Act if this Act had not been enacted.

 

Provisions relating to contributions of certain contributors.

49.—(1.) In this section—

“future rate of pension”, in relation to an existing contributor, means the rate of pension that is specified in the Fifth Schedule to the Defence Forces Retirement Benefits Act 1948-1962 opposite to the category within which he was included immediately before the commencing date;

“previous rate of pension”, in relation to an existing contributor, means the rate of pension that was specified in the Fifth Schedule to the Principal Act opposite to the category within which, for the purposes of the Principal Act, he was included immediately before the commencing date.

(2.) Notwithstanding anything contained in the Defence Forces Retirement Benefits Act 1948-1962—

(a) where the future rate of pension applicable to an existing contributor is less than the previous rate of pension applicable to him, the amount of the fortnightly contributions that are payable by him to the Fund under that Act during any period when he is included within the category within which he was included immediately before the commencing date shall be equal to the amount of the fortnightly contributions that would have been payable by him to the Fund during that period under the Principal Act if this Act had not been enacted; and

(b) where the future rate of pension applicable to an existing contributor is equal to the previous rate of pension applicable to him, the amount of the fortnightly contributions that are payable by him to the Fund under that Act during any period when he is included within the category within which he was included immediately before the commencing date shall not exceed the amount of the fortnightly contributions that would have been payable by him to the Fund during that period under the Principal Act if this Act had not been enacted.

Existing pensioners.

50. The amendments of the Principal Act made by this Act do not apply to or in relation to—

(a) a person who had become entitled to pension under the Principal Act before the commencing date or a person who becomes the widow of such a person on or after that date; or

(b

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