Defence Forces Retirement Benefits Regulations (Amendment) (Cth)

STATUTORY RULES.

1954

No.

REGULATIONS UNDER THE DEFENCE FORCES

RETIREMENT BENEFITS ACT 1948-1952.*

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 1948-1952.

Dated this

 

day of  , 1954

Governor-General.

By His Excellency’s Command,

Treasurer.

Amendments of the Defence Forces Retirement Benefits Regulations.

Periods for elections.

1. Regulation 9 of the Defence Forces Retirement Benefits Regulations is amended—

(a) by omitting from sub-regulation (1.) the words and figures “ or section 27 ”; and

(b)by inserting, after that sub-regulation the following sub-regulation :—.

“ (1a.) An election for the purposes of section 27 of the Act shall be made

(a) in the case of a member who became a contributor before the commencement of this sub-regulation—within four months after that commencement; or

(b) in any other case—within four months after the date on which the member becomes liable to contribute under the Act.”.

* Notified in the Commonwealth Gazette on 1954

  Statutory Rules 1949, No. 60, asamended by Statutory Rules 1950, No. 14 ; and 1951, No. 111.

2971.—Price 5d. 9/2.11.1953.

2. Regulation 10 of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—

Prescribed authorities of the Commonwealth.

“ 10. The following authorities are prescribed authorities of the Commonwealth for the purposes of the Act:

Australian Aluminium Production Commission;

Australian Atomic Energy Commission;

Australian Broadcasting Commission;

Australian Canned Fruits Board;

Australian Dairy Produce Board;

Australian Egg Board;

Australian Meat Board;

Australian National Airlines Commission;

Australian Whaling Commission;

Australian Wheat Board;

Australian Wine Board;

Australian Wool Bureau;

Australian Wool Realization Commission;

Board of Management appointed under the Australian War Memorial, Act 1925-1952;

Canberra Community Hospital Board;

Commonwealth Scientific and Industrial Research Organization;

Dried Fruits Control Board;

Overseas Telecommunications Commission (Australia);

Snowy Mountains Hydro-electric Authority;

The Australian National University;

The Council of the Canberra University College;

Trustees of the Services Canteens Trust Fund.”.

3.—(1.) Regulation 20 of the Defence Forces Retirement Benefits Regulations is repealed and the following regulation inserted in its stead:—

Application of the Act to certain members of the Military Forces.

“ 20.—(1.) Subject to this regulation, the provisions of the Act apply to, and in respect of, a person who

(a)immediately prior to the commencement of the Defence Forces Retirement Benefits Act 1948 was an employee within the meaning of section 60a of the Superannuation Act 1922-1947 and a contributor to the Superannuation Fund established under that Act ;

(b) served on continuous full-time duty as a member of a part of the Permanent Military Forces other than the Australian Regular Army from the commencement of the Defence Forces Retirement. Benefits Act 1948 to the commencement of this regulation ; and

(c) without breaking the continuity of his service, continues to serve after the commencement of this regulation on continuous full-time duty as a member of the Permanent Military Forces.

“ (2.) Subject to the next succeeding sub-regulation, the continuous full-time service after attaining the age of twenty years of a person to whom this regulation applies shall be deemed to be service for pension for the purposes of the Act.

“ (3.) The continuous full-time service after attaining the age of twenty years of a person to whom this regulation applies before the date upon which the person became an employee within the meaning of section 60a of the Superannuation Act 1922-1947 which would not be service for pension within the meaning of section 75 of the Act, if that person was a serving member within the meaning of that section, shall not be deemed to be service for pension for the purposes of the Act.

“ (4.) For the purposes of the Act and these Regulations, the rank of a person to whom this regulation applies who is an officer in a part of the Permanent Military Forces other than the Australian Regular Army shall be deemed to be the substantive rank which he would have held from time to time if he had continued to serve as a soldier during the period that he serves as an officer.”.

(2.) This regulation shall be deemed to have come into operation on the thirteenth day of August, 1952.

Retiring ages.

4. Regulation 21 of the Defence Forces Retirement Benefits Regulations is amended—

(a) by omitting from paragraph (a) the word “ and ” (last occurring ); and

(b) by inserting after paragraph (a) the following paragraph :—

“ (aa) a member of the Army Canteens Service of the Permanent Military Forces is the age specified in the following table opposite to the rank held by the member:—

Rank.	Compulsory retiring age.
Major-General..................................................	60 years
Brigadier...........................................................	57 years
Colonel.............................................................	57 years
Lieutenant-Colonel...........................................	55 years
Major................................................................	55 years
Captain.............................................................	55 years
Lieutenant........................................................	55 years
Second Lieutenant............................................	55 years; and ”.

5. After regulation 23 of the Defence Forces Retirement Benefits Regulations the following regulation is inserted:—

Liability for certain offices to contribute

“ 24.—(1.) Subject to this regulation, the provisions of the Act apply in relation to a member—

(a) who elected under section 80 of the Act not to become a contributor under the Act; and

(b) who, after that election, has been or is appointed an officer.

“ (2.) A member may elect to contribute to the Fund—

(a) if he is a member of the Permanent Naval Forces—

(i) as from the commencement of the Defence Forces Retirement Benefits Act 1948; or

(ii) as from the date of his appointment as an officer or the commencement of this regulation, whichever is the later ; and

(b) if he is a member of the Australian Regular Army or the Permanent Air Force—

(i) as from the commencement of the Defence, Forces Retirement Benefits Act 1948; or

(ii) as from the date of his appointment as an officer.

“ (3.) An election for the purposes of the last preceding sub-regulation shall be made by the member not later than four months after—

(a) the commencement of this regulation ; or

(b) in the case of a member who is appointed an officer after that commencement—the date of his appointment as an officer.

“ (4.) If the election by a member under sub-regulation (2.) of this regulation is not received by the Board within the period specified in the last preceding sub-regulation, the member shall be deemed to have elected to contribute to the Fund—

(a) in the case of a member of the Permanent Naval Forces—as from the date of his appointment as an officer or the commencement of this regulation, whichever is the later ; or

(b) in the case of a member of the Australian Regular Army or the Permanent Air Force—as from the date of his appointment as an officer.

“ (5.) A member shall be liable to pay contributions to the Fund from the date as from which he has elected, or is deemed to have elected under the last preceding sub-regulation, to contribute to the Fund.

“ (6.) The amount of contributions payable in respect of the period from the date as from which the member has elected, or is deemed to have elected under sub-regulation (4.) of this regulation, to contribute to the Fund, to the date on which the first deduction of contributions from the pay of the member is made shall be deducted from the pay of the member in such amounts, and during such period, as the Board determines.

“ (7.) Subject to section 26 of the Act, the service of a member before the date as from which he has elected, or is deemed to have elected under sub-regulation (4.) of this regulation, to contribute to the Fund shall not be service for pension for the purposes of the Act.

“ (8.) In this regulation, ‘ member ’ means a member to whom the provisions of the Act apply in pursuance of sub-regulation (4.) of this regulation.”.

The Third Schedule.

6. The Third Schedule to the Defence Forces Retirement Benefits Regulations is amended—

(a) by omitting from the column headed “ Permanent Naval Forces.” in Table 1 the words and figures—

“ Sub-Lieutenant—

On appointment......................................................................................	1	5	9
After 6 months’ service in rank..............................................................	1	6	9
Sub-Lieutenant (under-graduate)................................................................	1	3	9
Acting Sub-Lieutenant—
On appointment......................................................................................	1	3	9
After 6 months’ service in rank..............................................................	1	4	9
Midshipman.................................................................................................	0	16	9 ”

and inserting in their stead the words and figures—

“ Sub-Lieutenant.........................................................................................	1	6	9
Sub-Lieutenant (under-graduate)................................................................	1	3	9
Acting Sub-Lieutenant................................................................................	1	4	9
Midshipman.................................................................................................	0	16	9 ”;

(b) by adding at the end of the column headed “ Permanent Military Forces.” in that Table the words and figures—

“ Second Lieutenant—

On appointment...........................................................................................	1	5	9
After 2 years’ service in rank......................................................................	1	8	0 ”;

(c) by omitting the column headed “ Permanent Naval Forces.” in Table 3. and inserting in its stead the following column:—

“ PERMANENT NAVAL FORCES.

Rank.	Daily Pay.
£	s.	d.
Chaplain—
On appointment.....................................................................................................................................................	1	16	9
After 2 years’ service............................................................................................................................................	1	19	3
After 4 years’ service............................................................................................................................................	2	1	9
After 6 years’ service............................................................................................................................................	2	4	3
After 8 years’ service............................................................................................................................................	2	6	9
After 10 years’ service..........................................................................................................................................	2	9	3
After 12 years’ service..........................................................................................................................................	2	11	9
After 14 years’ service..........................................................................................................................................	2	14	3
After 16 years’ service..........................................................................................................................................	2	16	9
After 18 years’ service..........................................................................................................................................	2	19	3
Senior Chaplain—
After 12 years’ service in the rank of Chaplain or Senior Chaplain............................................................	2	14	3
After 14 years’ service in the rank of Chaplain or Senior Chaplain............................................................	2	16	9
After 16 years’ service in the rank of Chaplain or Senior Chaplain............................................................	2	19	3
After 18 years’ service in the rank of Chaplain or Senior Chaplain............................................................	3	1	9 ” :

(d) by adding at the end of the column headed “ Permanent Naval Forces.” in Table 5. the words and figures—

“ Band Boy.................................................................................................. 0 16 9 ”;

(e) by adding at the end of the column headed “ Permanent Military Forces.” in that Table the words and figures—

“ Band Boy.................................................................................................. 0 16 9 ”;

and

(f) by adding at the end of the column headed “ Permanent Air Force.” in that Table words and figures—

“ Band Boy..................................................................................................	0	16	9
Junior Trainee (Equipment and Administrative)........................................	0	16	9 ”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.