Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations (Cth)

STATUTORY RULES.

1964. No. 52.

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT

BENEFITS ACT 1963.*

Whereas, by sub-section (5) of section forty-three of the Defence Forces Retirement Benefits Act 1963, it is provided that the Governor-General may make regulations, not inconsistent with that Act, prescribing matters that are required or permitted by that section to be prescribed, or are necessary or convenient to be prescribed for giving effect to that section, and regulations so made within the period of six months immediately following the date of commencement of that Act shall, unless otherwise provided by the regulations, have effect and be deemed to have had effect from and including that date:

And whereas the date of commencement of the Defence Forces Retirement Benefits Act 1963 was the first day of November, 1963:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1963.

Dated this thirteenth

day of April, 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Harold Holt

Treasurer.

DEFENCE FORCES RETIREMENT BENEFITS (PRESCRIBED

CONTRIBUTORS) (No. 2) REGULATIONS.

Citation.

1. These Regulations may be cited as the Defence Forces Retirement Benefits (Prescribed Contributors) (No. 2) Regulations.

Interpretation

2.—(1.) In these Regulations "the Act" means the Defence Forces Retirement Benefits Act 1963.

(2.) In these Regulations, expressions defined by Part IV. of the Act have the same respective meanings as they have in that Part.

(3.) In these Regulations, expressions defined by the Defence Forces Retirement Benefits Act 1948-1963 have, subject to the last preceding sub-regulation, the same respective meanings as they have in that Act.

* Notified in the Commonwealth Gazette on 17th April, 1964.

12868/63.—Price 1s. 12/24.3.1964.

(4.) For the purposes of these Regulations and the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations in their application to a prescribed contributor by virtue of these Regulations—

(a) the number of pay-days applicable to a member whose category is changed is the number of pay-days that would be applicable to him for the purposes of the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations if section 33 of the Defence Forces Retirement Benefits Act 1962-1963 applied to that change in category; and

(b) the Table applicable to an officer whose category is changed is the Table in Part I. or Part II., as the case may be, of the Second Schedule to the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations that would be applicable to him if section 33 of the Defence Forces Retirement Benefits Act 1962-1963 applied to that change in category.

Fortnightly contributions payable by officers on change to higher category.

3.—(1.) The amount of each fortnightly contribution that an officer, being a prescribed contributor referred to in sub-section (2.) of section 43 of the Act, whose category is changed to a category that has a higher category number is, under that sub-section, required to make to the Fund, in addition to any other contributions that he is required to make to the Fund, is the amount that would be ascertained in relation to him under sub-regulations (4.), (5.) and (6.) of regulation 5 of the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations if that regulation applied to that change in category.

(2.) Subject to the next succeeding sub-regulation, the amount to be paid fortnightly to the Fund in respect of additional contributions under sub-section (3.) of section 43 of the Act by an officer, being a prescribed contributor referred to in that sub-section, whose category is changed to a category that has a higher category number is the sum obtained by adding to the amount of the fortnightly contributions payable, immediately before the change in category, by him under Part IV. of the Act, other than contributions payable in accordance with the Defence Forces Retirement Benefits Act 1948-1958, the amount that would be ascertained in relation to him under sub-regulations (4.), (5.) and (6.) of regulation 5 of the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations if that regulation applied to that change in category.

(3.) Where the retiring age for the rank held by an officer immediately after a change in category resulting from a promotion is higher than the retiring age for the rank held by him immediately before the change, there shall be deducted from the amount that would, but for this sub-regulation, be payable by virtue of the last preceding sub-regulation an amount ascertained in accordance with the formula .

(4.) For the purposes of the last preceding sub-regulation—

a and c are, respectively, the first and second factors specified in the Third Schedule to the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations in relation to the rank, in the Corps or Branch and in the Service, that the officer holds immediately after his change in category;

b is the number of pay-days applicable to the officer; and

d is the amount of the fortnightly contributions payable immediately before the change in his category by the officer under Part IV. of the Act, other than contributions payable in accordance with the Defence Forces Retirement Benefits Act 1948-1958.

Fortnightly contributions payable by members (other than officers) on change to higher category.

4.—(1.) The amount of each fortnightly contribution that a member (other than an officer), being a prescribed contributor referred to in subsection (2.) of section 43 of the Act, whose category is changed to a category that has a higher category number is, under that sub-section, required to make to the Fund, in addition to any other contributions that he is required to make to the Fund, is an amount ascertained in accordance with the formula .

(2.) The amount to be paid fortnightly to the Fund in respect of additional contributions under sub-section (3.) of section 43 of the Act by a member (other than an officer), being a prescribed contributor referred to in that sub-section, whose category is changed to a category that has a higher category number is the sum of—

(a) the amount of the fortnightly contributions payable by him, immediately before the change in category, under Part IV. of the Act, other than contributions payable in accordance with the Defence Forces Retirement Benefits Act 1948-1958; and

(b) an amount ascertained in accordance with the formula

(3.) For the purposes of this regulation, e is the amount represented by the symbol Y in regulation 7 of the Defence Forces Retirement Benefits (Prescribed Contributors) Regulations.

(4.) For the purposes of this regulation, f is the difference between—

(a) the number of pounds in the amount ascertained by multiplying the amount of Forty-five pounds ten shillings by the number that is the category number of the member immediately after the change in category and multiplying the result by the factor set out in the third column of the Second Schedule to the Defence Forces Retirement Benefits Act 1948-1963 opposite to the number of years set out in the second column of that Schedule that is the number of years of service for pension that the member will have completed when his obligation to make the additional contributions required by Part IV. of the Act to be made by him as a result of the change in category will have ceased; and

(b) the number of pounds in the amount ascertained by multiplying the amount of Forty-five pounds ten shillings by the number that was the category number of the member immediately before the change in category and multiplying the result by the factor referred to in the last preceding paragraph,

but, where the amount ascertained in accordance with paragraph (a)or (b) of this sub-regulation includes an amount of shillings, of pence or of shillings and pence—

(c) if that last-mentioned amount is less than Ten shillings—the amount ascertained in accordance with that paragraph shall be deemed to be reduced by that last-mentioned amount; and

(d) in any other case—the amount ascertained in accordance with that paragraph shall be deemed to be increased by treating the shillings or the shillings and pence, as the case may be, as One pound.

Fortnightly contributions payable by certain members where special circumstance exist.

5.—(1.) This regulation applies to—

(a) an officer whose category changes to a category that has a higher category number if there is no Table applicable to the officer;

(b) an officer of the Royal Australian Army Nursing Corps or the Royal Australian Air Force Nursing Service whose category is changed;

(c) an officer whose category is changed if the number of pay-days applicable to the officer is greater than the highest number of pay-days specified in the Table applicable to the officer;

(d) an officer whose category is changed if the number of pay-days applicable to the officer is less than the lowest number of pay-days specified in the Table applicable to the officer;

(e) an officer whose category is changed by reason of a transfer, on promotion or otherwise, to another Branch or Corps of the Service and who holds, after the change, a rank the

retiring age for which is different from the retiring age for the same rank in the Branch or Corps from which he was transferred;

(f) a member who retires and, without a break in the continuity of his service, again becomes a member—

(i) in a category other than the category in which he was included immediately before his retirement; or

(ii) in a Service other than the Service in which he was serving immediately before his retirement;

(g) a member who is liable to make additional contributions under section 43 of the Act and whose category is changed, in circumstances other than those mentioned in the last preceding paragraph, to a category that has a lower category number; and

(h) an officer whose category is changed by reason of a promotion to a rank that is more than one rank higher than the rank held by him immediately before the promotion.

(2.) The amount of each fortnightly contribution to the Fund to be paid by an officer to whom this regulation applies under sub-section (2.) of section 43 of the Act, in addition to any other contributions that he is required to make to the Fund, on the change in category by virtue of which this regulation applies to the officer is such amount as is determined by the Board on the advice of the Commonwealth Actuary.

(3.) The amount to he paid fortnightly to the Fund in respect of additional contributions under sub-section (3.) of section 43 of the Act by a member to whom this regulation applies on the change in category by virtue of which this regulation applies to the member is such amount as is determined by the Board on the advice of the Commonwealth Actuary.

Fortnightly contributions payable by certain mem best on change in retiring age.

6. The amount to be paid fortnightly to the Fund in respect of additional contributions under sub-section (4.) of section 43 of the Act by a member whose retiring age changes at any time by reason of a change in his rank, branch or group or for any other reason but whose category does not change at that time is such amount as is determined by the Board on the advice of the Commonwealth Actuary.

Principles to be observed by Actuary and Board.

7. For the purposes of either of the last two preceding regulations, the Commonwealth Actuary in advising the Board, and the Board in making a determination, in relation to an officer, shall have regard to the principle that the contributions paid or payable by a contributor under Part IV. of the Act should be sufficient to enable the Fund to provide for, or in respect of, the contributor an amount of pension that bears to the part of the pension that may become payable to, or in respect of, him, being the part that is attributable to his contributions under Part IV. of the Act, the same proportion as the number specified in the following Table opposite to the retiring age for the rank held by the officer after the change in category bears to one hundred:—

Retiring age for rank held after change in category.	Number.
40 to 47 (inclusive).....................................................................................................	20
48..............................................................................................................................	21
49..............................................................................................................................	22
50..............................................................................................................................	23
51..............................................................................................................................	24
52..............................................................................................................................	25
53..............................................................................................................................	25
54..............................................................................................................................	26
55..............................................................................................................................	27
56..............................................................................................................................	27
57..............................................................................................................................	28
58..............................................................................................................................	28
59..............................................................................................................................	28
60..............................................................................................................................	28 6/7

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.