Defence Forces
Retirement Benefits
No.
34 of 1970
An Act relating to Retirement
Benefits for Members of the Defence Force.
[Assented to 23 June 1970]
BE
it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives
of the Commonwealth of Australia, as follows:—
Short
title and citation.
1.—(1.) This Act may be cited as the Defence Forces Retirement Benefits Act 1970.
(2.) The Defence
Forces Retirement Benefits Act 1948–1969 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 1948–1970.
Commencement.
2. Except as provided
otherwise by this Act, this Act shall come into operation on the day on which
it receives the Royal Assent.
Categories
of members.
3.—(1.) Section 4a
of the Principal Act is amended—
(a) by omitting from paragraph (b)of sub-section (2.) the figures “228” and inserting in their stead the
figures “163”;
(b) by omitting from that paragraph the
words “two hundred and twenty-eight” and inserting in their stead the words “one
hundred and sixty-three”; and
(c) by omitting from sub-section (3.) the
words “in the rate of annual pay of a member as a result of which his category
number changes” and inserting in their stead the words “in his category number”.
(2.) The amendments made by paragraphs (a) and (b)of the last preceding sub-section shall be deemed to have had
effect on and from the fourth day of June, One thousand nine hundred and
sixty-nine.
(3.) The amendment made by paragraph (c) of sub-section (1.) of this section
shall be deemed to have had effect on and from the first day of November, One
thousand nine hundred and sixty-three.
Rates
of contributions.
4.—(1.) Section 30 of the Principal Act is amended
by omitting from sub-section (1.) the words “two hundred and twenty-eight” and
inserting in their stead the words “one hundred and sixty-three”.
(2.) The amendment made by the last preceding
sub-section shall be deemed to have had effect on and from the fourth day of
June, One thousand nine hundred and sixty-nine.
References
in Principal Act as amended to changes in category.
5. A reference in the Principal Act as amended by this Act to a change
in the category of a member shall be read as including a reference to a change
in the category number of a member resulting from the amendments made by
paragraphs (a) and (b)of sub-section (1.) of section 3 of
this Act.
Special
rights of election under section 61a
of the Defence Forces Retirement Benefits
Act 1963–1968.
6.—(1.) In the application of section 61a of the Defence Forces Retirement Benefits Act 1963–1968 in relation to a
change in the category of a person resulting from the amendments made by this
Act, the reference in sub-section (1.) of that section to the prescribed period
after the change shall be read as including a reference to the period of four
months after the date on which this Act receives the Royal Assent.
(2.) A person may make an election under section 61a of the Defence Forces Retirement Benefits Act 1963–1968 by virtue of a
change in his category resulting from the amendments made by this Act
notwithstanding that he has ceased to be a member.
(3.) Where—
(a) a deceased person would, if he had
been alive, have been entitled to make an election under section 61a of the Defence Forces Retirement Benefits Act 1963–1968 in relation to a
change in his category resulting from the amendments made by this Act; and
(b) a person approved by the Board, by
notice in writing given to the Board within the period of four months after the
date on which this Act receives the Royal Assent or within such further period
as the Board allows, requests the Board to regard the deceased person as having
made an election under that section in relation to that change in category,
the
deceased person shall be deemed to have made such an election.
(4.) A reference in this section to the amendments
made by this Act shall be read as a reference to the amendments made by paragraphs
(a) and (b)