Defence Forces Retirement Benefits (Pension Increases) Act 1961 (Cth)

Defence Forces Retirement Benefits (Pension Increases) Act 1961

Act No. 87 of 1961 as amended

This compilation was prepared on 29 April 2002

taking into account amendments up to Act No. 1 of 1997

The text of any of those amendments not in force

on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

      

Contents

An Act to provide for Increases in certain Defence Forces Retirement Pensions

  1Short title [see Note 1]

 This Act may be cited as the Defence Forces Retirement Benefits (Pension Increases) Act 1961.

2Commencement [see Note 1]

 This Act shall come into operation on the day on which it receives the Royal Assent.

3Interpretation

• (1)

  In this Act:

  prescribed pensioner means a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor or by virtue of section seventy‑three of the Defence Forces Retirement Benefits Act 1948 or of that Act as amended, being a pension that commenced to be payable before the commencement of the Defence Forces Retirement Benefits Act 1959.

  the commencing date means the date of commencement of this Act.

• (2)

  Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948‑1958 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

4Increase in pensions payable to prescribed pensioners otherwise than in respect of units

• (1)

  This section applies to a prescribed pensioner to whom the next succeeding section does not apply.

• (2)

  For the purposes of this section, the Defence Forces Retirement Benefits Act 1948‑1958 shall be deemed to have effect as if:

  • (a)

    subsection (2) of section thirty‑eight of that Act provided that, subject to section fifty of that Act, the pension payable to an officer under that section were a pension at such rate set out in column four of Part I of the First Schedule to this Act as is applicable to the officer having regard to the description set out in column one, two or three of that Part that applied to the officer at the date of his retirement;

  • (b)

    subsection (3) of section thirty‑nine of that Act provided that the deduction under subsection (2) of that section were a deduction in accordance with the Second Schedule to this Act;

  • (c)

    subsection (2) of section forty‑one of that Act provided that, subject to section fifty of that Act, the pension payable to a member under that section were:

  • (i)

    a pension at such rate set out in column four of Part II of the First Schedule to this Act as is applicable to the member having regard to the description set out in column one, two or three of that Part that applied to the member at the date of his retirement; and

  • (ii)

    in the case of a member who had completed more than twenty year’s service for pension before attaining the retiring age for the rank held by him, additional pension, if any, in accordance with the Third Schedule to this Act for each completed year of service for pension in excess of twenty years;

  • (d)

    subsection (2A) of section forty‑eight of that Act provided that the deduction under subsection (2) of that section were a deduction in accordance with the Second Schedule to this Act; and

  • (e)

    the reference in the Eighth Schedule to that Act to the amounts of £182 and £91 were references to the amounts of £208 and £104 respectively.

• (3)

  Where the pension payable to a pensioner to whom this section applies would, if the pension were payable to him in accordance with the Defence Forces Retirement Benefits Act 1948‑1958 as that Act is deemed to have effect for the purposes of this section, be payable at a rate higher than the rate at which, but for this section, the pension would be payable, he is entitled to an increase in the rate of the pension to that higher rate.

• (4)

  In the application of this section to a prescribed pensioner to whom additional pension is payable under section forty‑six of the Defence Forces Retirement Benefits Act 1948‑1958, there shall be taken into account for the purpose of ascertaining the pension that would have been payable to the pensioner if he had continued to serve until he attained the age of sixty years the amount, if any, by which that pension would have been increased by virtue of the next succeeding section.

5Increase in pensions payable in respect of units

• (1)

  This section applies to a prescribed pensioner to whom pension is payable under section forty‑five, subsection (1) of section fifty‑two or subparagraph (ii) of paragraph (c) of subsection (2) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958.

• (2)

  In this section:

  actual unit contribution, in relation to a pensioner to whom this section applies, means the number of units in respect of which pension was payable to the pensioner immediately before the commencing date.

  actual unit entitlement, in relation to a pensioner to whom this section applies, means:

  • (a)

    the number of units of pension that, immediately before his retirement, was applicable to him under section twenty‑eight of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended and in force at that time; or

  • (b)

    his actual unit contribution;

  whichever is the greater.

  additional unit entitlement, in relation to a pensioner to whom this section applies, means the number of units, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement.

  adjusted unit entitlement, in relation to a pensioner to whom this section applies, means such number of units set out in column five of the First Schedule to this Act as is applicable to the pensioner having regard to the description set out in column one, two or three of that Schedule that applied to the pensioner at the date of his retirement.

  the prescribed rate:

  • (a)

    in relation to a pensioner to whom this section applies and to whom pension is payable under section forty‑five or subsection (1) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958—means the rate of Thirty‑two pounds ten shillings per annum; and

  • (b)

    in relation to a pensioner to whom this section applies and to whom pension is payable under subparagraph (ii) of paragraph (c) of subsection (2) of section fifty‑two of that Act—means the rate of Sixteen pounds five shillings per annum;

  or, where the actual unit contribution of the pensioner is less than his actual unit entitlement, such rate as bears to the rate applicable to him under paragraph (a) or (b) of this definition the same proportion as his actual unit contribution bears to his actual unit entitlement.

• (3)

  Where the adjusted unit entitlement of a pensioner to whom this section applies exceeds his actual unit entitlement, the pensioner is, subject to this Act, entitled to an increase in the pension that is payable to him, being an increase calculated at the prescribed rate in respect of each unit included in his additional unit entitlement.

6Increase in widows’ pensions

Where, immediately before the commencing date:

• (a)

  a pension was payable to a person under section fifty‑five of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended, by virtue of that person being the widow of a member who died before retirement but who, if he had retired on the day on which he died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958, would have been entitled to an increase in that pension under this Act;

• (b)

  a pension was payable to a person under subsection (1) of section fifty‑seven of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended, by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of his pension immediately before the commencing date, would have been entitled to an increase in that pension under this Act; or

• (c)

  a pension was payable to a person under subsection (3) of section fifty‑seven of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended, by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958, would have been entitled to an increase in that pension under this Act,

the widow is, subject to this Act, entitled to an increase in her pension, being an increase equal to five‑eighths of the increase in pension to which her husband would have been entitled under this Act, but, in ascertaining the increase in pension to which her husband would have been entitled, regard shall not be had to the next succeeding section.

7Application of increases to commuted pensions

Where a prescribed pensioner who commuted portion of his pension under section seventy‑four of the Defence Forces Retirement Benefits Act 1948 or of that Act as amended is entitled to an increase in the pension under this Act, that increase shall, in lieu of the increase to which, but for this section, he would have been entitled, be an increase that bears to the increase to which he would have been so entitled the same proportion as the rate at which pension was payable to him immediately before the commencing date bears to the rate at which pension would have been payable to him immediately before the commencing date if he had not commuted any portion of his pension.

8Application of increases to suspended pensions

 Where a person would, but for section fifty‑three A of the Defence Forces Retirement Benefits Act 1948‑1959, be a prescribed pensioner for the purposes of this Act, that person shall, upon his pension again becoming payable to him after the commencement of this Act, be entitled to an increase in the pension equal to the increase to which he would have been entitled if he had been a prescribed pensioner.

9Re‑employment of pensioners

Where, immediately before the commencing date, subsection (1) or (3) of section sixty‑nine of the Defence Forces Retirement Benefits Act 1948‑1959 applied to a pension payable to a person, the pension payable to that person at that time shall, for the purposes of this Act, be deemed to be the pension that would have been payable to that person if that subsection had not applied to the pension, but any increase in a pension to which a person is entitled under this section is subject to the operation of that section and, for the purposes of that section in its application to that pension, the increased pension shall be deemed to be payable under that Act.

10Act does not apply to pension in respect of a child

 The increases in pensions provided for by this Act do not apply to or in relation to pension in respect of a child.

11Increase in pension not payable where pensioner in receipt of pension under the Superannuation Act

• (1)

  An increase in pension provided for by this Act is not payable at any time when the person entitled to the pension is also entitled to pension under the Superannuation Act 1922‑1959.

• (2)

  Where the pension payable to the widow of a prescribed pensioner who dies on or after the commencing date is increased by virtue of the prescribed pensioner having been entitled to an increase in pension under this Act, the increase in the widow’s pension shall, for the purposes of the last preceding subsection, be deemed to be an increase provided for by this Act.

12Payment of pension increases

• (1)

  The reference in subsection (1) of section fifteen B of the Defence Forces Retirement Benefits Act 1948‑1959 to benefits under that Act shall be read as including a reference to increases in pensions payable under this Act.

• (2)

  The Commonwealth shall pay to the Defence Forces Retirement Benefits Fund amounts equal to the amounts by which payments of pensions (including pensions that become payable to widows of prescribed pensioners who die on or after the commencing date) are increased by virtue of this Act, and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly.

13Application

Increases in pensions payable by virtue of this Act have effect from and including the first fortnightly payment of pensions made after the commencing date.

The SchedulesFirst Schedule

Sections 4 and 5

Part I—Officers

Column 1	Column 2				Column 3	Column 4					Column 5
Permanent Naval Forces	Permanent Military Forces				Permanent Air Force	Rate of Pension per Annum						Number of Units
£ s. d.
Table 1‑Officers other than those referred to in Table 2, Table 3 or Table 4 of this Part
Vice‑Admiral	Lieutenant‑General, Chief of Army				Air Marshal		1,508 0 0						36
Lieutenant‑General				1,443 0 0						34
Rear‑Admiral	1,345 10 0						31
Major‑General				Air Vice‑Marshal			1,195 0 0					31
Captain (and relative rank) of 8 years’ or more service in that rank	Brigadier				Air Commodore		1,020 0 0						29
Captain (and relative rank) of 6 years’ or more, and less than 8 years’, service in that rank	1,020 0 0						28
Captain (and relative rank) of 4 years’ or more, and less than 6 years’, service in that rank	Colonel of 8 years’ or more service in that rank				Group Captain of 8 years’ or more service in that rank		965 0 0						28
Captain (and relative rank) of less than 4 years’ service in that rank	Colonel of 4 years’ or more, and less than 8 years’, service in that rank				Group Captain of 4 years’ or more, and less than 8 years’, service in that rank		965 0 0						27
Colonel of less than 4 years’ service in that rank				Group Captain of less than 4 years’ service in that rank		965 0 0						26
Commander (and relative rank) of 6 years’ or more service in that rank	Lieutenant‑Colonel of 6 years’ or more service in that rank				Wing Commander of 6 years’ or more service in that rank		735 0 0						24
Commander (and relative rank) of 2 years’ or more, and less than 6 years’, service in that rank	Lieutenant‑Colonel of 2 years’ or more, and less than 6 years’, service in that rank				Wing Commander of 2 years’ or more, and less than 6 years’, service in that rank		735 0 0						23
Commander (and relative rank) of less than 2 years’ service in that rank	Lieutenant‑Colonel of less than 2 years’ service in that rank				Wing Commander of less than 2 years’ service in that rank		735 0 0						22
Lieutenant‑ Commander (and relative rank) of 8 years’ or more service in that rank	Major of 6 years’ or more service in that rank				Squadron Leader of 6 years’ or more service in that rank		565 0 0						21
Lieutenant‑ Commander (and relative rank) of 6 years’ or more, and less than 8 years’, service in that rank	Major of 4 years’ or more and less than 6 years’, service in that rank				Squadron Leader of 4 years’ or more, and less than 6 years’, service in that rank		565 0 0						20
Lieutenant‑ Commander (and relative rank) of 2 years’ or more, and less than 6 years’, service in that rank	Major of less than 4 years’ service in that rank				Squadron Leader of less than 4 years’ service in that rank		565 0 0						19
Lieutenant‑ Commander (and relative rank) of less than 2 years’ service in that rank	565 0 0						18
Captain of 4 years’ or more service in that rank				475 0 0			17
Captain of 2 years’ or more, and less than 4 years’, service in that rank		475 0 0			16
Captain of less than 2 years’ service in that rank		Flight Lieutenant (not in receipt of Flying Pay) of less than 2 years’ service in that rank					475 0 0			15
Lieutenant (and relative rank) of 2 years’ or more, and less than 4 years’, service in that rank			475 0 0			14
Lieutenant (and relative rank) of less than 2 years’ service in that rank			475 0 0			13
Lieutenant of 2 years’ or more service in that rank				350 0 0				13
Lieutenant of less than 2 years’ service in that rank				Flying Officer (not in receipt of Flying Pay) of less than 2 years’ service in that rank				350 0 0				12
Sub‑Lieutenant	Second Lieutenant				Pilot Officer				11
Pilot Officer (student)				9
Midshipman	6
Table 2
Officers promoted from Warrant Rank or from Branch Rank (except those specially selected and promoted direct to Lieutenant)—
Commander (and relative rank) of 6 years’ or more service in that rank				850 0 0				24
Commander (and relative rank) of 2 years’ or more, and less than 6 years’, service in that rank	850 0 0				23
Commander (and relative rank) of less than 2 years’ service in that rank	850 0 0				22
Lieutenant‑ Commander (and relative rank) of 4 years’ or more service in that rank	Major (Quartermaster) of 2 years’ or more service in that rank				745 0 0				21
Lieutenant‑ Commander (and relative rank) of less than 4 years’ service in that rank	Major (Quartermaster) of less than 2 years’ service in that rank				745 0 0				20
Lieutenant (and relative rank) of 4 years’ or more service in that rank	Captain (Quartermaster) of 2 years’ or more service in that rank				675 0 0				19
Lieutenant (and relative rank) of less than 4 years’ service in that rank	Captain (Quartermaster) of less than 2 years’ service in that rank				675 0 0				18
Senior Commissioned Officer (and relative rank) of 8 years’ or more service in that rank	605 0 0				17
Senior Commissioned Officer (and relative rank) of 2 years’ or more, and less than 8 years’, service in that rank	605 0 0				16
Senior Commissioned Officer (and relative rank) of less than 2 years’ service in that rank	605 0 0				15
Commissioned Officer (and relative rank) of 4 years’ or more service in that rank	Lieutenant (Quartermaster) of 2 years’ or more service in that rank				510 0 0				15
Commissioned Officer (and relative rank) of less than 4 years’ service in that rank	Lieutenant (Quartermaster) of less than 2 years’ service in that rank				510 0 0				14
Table 3
Royal Australian Army Nursing Corps				Royal Australian Air Force Nursing Service
Colonel				Matron‑in‑Chief or Group Officer				685 0 0				19
Lieutenant‑Colonel				Principal Matron or Wing Officer				565 0 0				16
Major of 8years’ or more service in that rank				Matron or Squadron Officer of 8 years’ or more service in that rank				505 0 0				15
Major of 4 years’ or more, and less than 8 years’, service in that rank				Matron or Squadron Officer of 4 years’ or more, and less than 8 years’, service in that rank				505 0 0				14
Major of less than 4 years’ service in that rank				Matron or Squadron Officer of less than 4 years’ service in that rank				505 0 0				13
Captain of 2 years’ or more service in that rank				Senior Sister or Flight Officer of 2 years’ or more service in that rank				430 0 0				12
Captain of less than 2 years’ service in that rank				Senior Sister or Flight Officer of less than 2 years’ service in that rank				430 0 0				11
Lieutenant of 2 years’ or more service in that rank				Sister or Section Officer of 2 years’ or more service in that rank				330 0 0				9
Lieutenant of less than 2 years’ service in that rank				Sister or Section Officer of less than 2 years’ service in that rank				330 0 0				8
Table 4
Principal Chaplain and Senior Chaplain of 16 years’ or more service in that rank or in the rank of Chaplain	Chaplain, First Class				Chaplain, First Class				730 0 0				23
Principal Chaplain and Senior Chaplain of less than 16 years’ service in that rank or in the rank of Chaplain	730 0 0				22
Chaplain of 18 years’ or more service in that rank	700 0 0				23
Chaplain of 16 years’ or more, and less than 18 years’, service in that rank	Chaplain, Second Class, of 2 years’ or more service in that rank				Chaplain, Second Class, of 2 years’ of more service in that rank				665 0 0				22
Chaplain, Second Class, of less than 2 years’ service in that rank				Chaplain, Second Class, of less than 2 years’ service in that rank				665 0 0				21
Chaplain of 15 years’ or more, and less than 16 years’, service in that rank	665 0 0

20
Chaplain of 14 years’ or more, and less than 15 years’, service in that rank	20
Chaplain, Third Class, of 4 years’ or more service in that rank				Chaplain, Third Class, of 4 years’ or more service in that rank				545 0 0				19
Chaplain of 12 years’ or more, and less than 14 years’, service in that rank	19
Chaplain, Third Class, of 2 years’ or more, and less than 4 years’, service in that rank				Chaplain, Third Class, of 2 years’ or more, and less than 4 years’, service in that rank				545 0 0				18
Chaplain of 10 years’ or more, and less than 12 years’, service in that rank	18
Chaplain, Third Class, of less than 2 years’ service in that rank				Chaplain, Third Class, of less than 2 years’ service in that rank				545 0 0				17
Chaplain of 8 years’ or more, and less than 10 years’, service in that rank	17
Chaplain, Fourth Class, of 4 years’ or more service in that rank				Chaplain, Fourth Class, of 4 years’ or more service in that rank				485 0 0				17
Chaplain, Fourth Class, of 2 years’ or more, and less than 4 years’, service in that rank				Chaplain, Fourth Class, of 2 years’ or more, and less than 4 years’, service in that rank				485 0 0				16
Chaplain of 6 years’ or more, and less than 8 years’, service in that rank	16
Chaplain, Fourth Class, of less than 2 years’ service in that rank				Chaplain, Fourth Class, of less than 2 years’ service in that rank				485 0 0				15
Chaplain of 4 years’ or more, and less than 6 years’, service in that rank	15
Chaplain of 2 years’ or more, and less than 4 years’, service in that rank	14
Chaplain of less than 2 years’ service in that rank	13

Part II—Members other than officers

Column 1	Column 2	Column 3		Column 4			Column 5
Rate of Number	Permanent Naval Forces	Permanent Military Forces		Permanent Air Force				Pension of per Annum Units
£ s. d.
Table 1‑Members other than those referred to in Table 2 of this Part
Chief Artificer (and relative rating)	Warrant Officer (Class I)	Warrant Officer			290 0 0				13
Warrant Officer (Class II) Staff Sergeant (Highest Skilled)	255 0 0				12
Staff Sergeant	Flight Sergeant, Group II, III or IV of less than 6years’ service in that rank			255 0 0				11
Sergeant	Sergeant			235 0 0				11
235 0 0				10
235 0 0				10
Leading Seaman (and relative rating)	197 0 0			9
Able Seaman (and relative rating)	Private, 2 and 3 Star (and relative rank)	Aircraftman, First Class, Group I, II or III			177 0 0				8
Lance Corporal, 1 Star (and relative rank)	Leading Aircraftman, Group IV1			97 0 0				7
Ordinary Seaman (and relative rating)	Private, 1 Star (and relative rank)	Aircraftman, First Class, Group IV			177 0 0				7
Aircrew trainee (after six months’ service)			7
6
Apprentice	Apprentice			5
Table 2
Royal Military College Cadet undergoing third and fourth years training	Air Cadet undergoing third and fourth years training			6
Cadet Midshipman	Royal Military College Cadet undergoing first and second years training	Air Cadet undergoing first and second years training			5

Second ScheduleDeductions from officers’ pensions

Section 4

Pension per annum:	Deductions for each year or part of a year:
£
Exceeds 1,020..............................................................		47
Exceeds £675 but does not exceed £1,020 .....................		33
Exceeds £535 but does not exceed £675 ........................		26
Exceeds £350 but does not exceed £535 ........................		17
Does not exceed £350 ..................................................		9

Third ScheduleRate per annum of additional pension

Section 4

Rate per annum of additional pension for each completed year of service for pension:
Permanent Naval Forces	Permanent Military Forces	Permanent Air Force	In excess of 20 years up to and including the 25th year:		In excess of 25 years up to and including the 30th year:	In excess of 30 years:
£	£	£
Chief Artificer (and relative rating)	Warrant Officer (Class I)	Warrant Officer		11	12	13
Chief Petty Officer (and relative rating, other than Chief Artificer)	Flight Sergeant		10	11	13
Petty Officer (and relative rating)	Sergeant	Sergeant		9	10	11
Leading Seaman (And relative rating)	8	9	11
8	9	10

Notes to the Defence Forces Retirement Benefits (Pension Increases) Act 1961

Note 1

The Defence Forces Retirement Benefits (Pension Increases) Act 1961 as shown in this compilation comprises Act No. 87, 1961 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Defence Forces Retirement Benefits (Pension Increases) Act 1961	87, 1961	27 Oct 1961	27 Oct 1961
Defence Legislation Amendment Act (No. 1) 1997	1, 1997	19 Feb 1997	Schedules 1 and 3: 30 Apr 1997 (see Gazette 1997, No. S91) Remainder: Royal Assent		—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
First Schedule...........................	am. No. 1, 1997