Defence Force Retirement and Death Benefits Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B01263 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1974 No. 220

REGULATION UNDER THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Defence Force Retirement and Death Benefits Act 1973-1974.

Dated this twenty-sixth day of November, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

AMENDMENT OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS REGULATIONS†

The Defence Force Retirement and Death Benefits Regulations are amended by adding at the end thereof

 

* Notified in the Australian Government Gazette on 27 November 1974.

† Statutory Rules 1973, No. 260.


the following regulations:-

Ascertaining amount of aggregate pay for the purposes of sub-section 85 (2) of the Act.

“8. (1) For the purposes of sub-section 85(2) of the Act, the Authority shall ascertain the amount that, for the purposes of Part X of the Act, is to be treated as the amount of aggregate pay received by an existing contributor in respect of each part of his period of previous contributory qualifying service that is a constant pay period in accordance with the formula 14ab, where -

a is the daily rate of pay applicable to him in respect of each day during the constant pay period; and

b is the number of pay-days that occurred during the constant pay period.

“(2) The Authority shall ascertain the daily rate of pay applicable to an existing contributor in respect of each day during his period of previous contributory qualifying service in accordance with this regulation.

“(3) In ascertaining the daily rate of pay applicable to an existing contributor in respect of a day, the Authority shall have regard to -

(a) the rank and pay of the existing contributor on that day;

(b) the basis on which contributions by the existing contributor on that day would have been assessed if the former scheme had been in operation on that day and the maximum daily rate of active pay applicable to him on that day under that scheme had been -


(i) where he made contributions under the Superannuation Act or the previous legislation in respect of that day - the rate of pay (calculated on a daily basis) applicable to him in respect of that day for the purposes of assessing those contributions or, where those contributions were assessed otherwise than in relation to such a rate of pay, an equivalent rate of pay; or

(ii) where he did not make contributions under the Superannuation Act or the previous legislation in respect of that day - the rate of pay (calculated on a daily basis) or equivalent rate of pay, that would have been applicable to him in respect of that day for the purposes of assessing his contributions in respect of that day if sub-paragraph (i) then applied to him;

(c) any election made by the existing contributor in respect of that day that modified the rate of pay for the purposes of determining contributions by him under the previous legislation;

(d) any refund that -

(i) was applicable to the existing contributor on that day; or

(ii) would have been applicable to the existing contributor on that day if the provisions relating to elections under


the former scheme were in force on that day and he had not made an election that he would have been entitled to make under those provisions; and

(e) the maximum daily rate of active pay applicable to him on the date of commencement of the period of his full-time service that was continuous with service on or after 1 October 1972.

“(4) In this regulation -

‘constant pay period’, in relation to an existing contributor, means a period during which the same daily rate of pay is applicable to him in respect of each day comprising that period;

‘former scheme’ means the previous benefits scheme as in force on 30 September 1972;

‘pay-day’ means any of the following days:-

(a) 21 September 1972;

(b) the first day of each consecutive period of 14 days preceding 21 September 1972;

‘period of previous contributory qualifying service’ has the same meaning as in Part X of the Act.

Prescribed payments for the purposes of sub-section 89 (6) of the Act.

“9. For the purposes of sub-section 89 (6) of the Act, the following payments are payments of a prescribed kind:-

(a) a payment of a gratuity under section 40, 42, 52 or 56a of the previous Act;

(b) a payment of a gratuity under sub-section 41(3) or section 47 of the Defence Forces Retirement Benefits Act 1948 as amended and in force from time to time before 14 December 1959;


(c) a payment of a gratuity under section 6 or paragraph 7(1) (a) of the Defence Forces Special Retirement Benefits Act 1960;

(d) a payment of deferred pay or interest on deferred pay under regulation 51, 74, 151 or 153 of the Naval Financial Regulations;

(e) a payment of a gratuity under regulation 158, 269 or 291a of the Naval Financial Regulations;

(f) a payment of a gratuity by virtue of regulation 7 of the Naval Financial (Citizen Forces) Regulations;

(g) a payment of a gratuity under regulation 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 200 or 200a of the Military Financial Regulations;

(h) a payment of deferred pay or interest on deferred pay under regulation 546 or 547 of the Air Force Regulations;

(i) a payment of a gratuity under regulation 636, 637, 638, 639, 640, 641, 642 or 643 of the Air Force Regulations; and

(j) a payment of the nature of a payment referred to in paragraph (d), (e), (f), (g), (h) or (i), being a payment under legislation relating to conditions of service of members of the Defence Force other than the War Gratuity Act 1945-1966.”.

Overview

The Defence Force Retirement and Death Benefits Regulations, enacted in 1974, were introduced under the Defence Force Retirement and Death Benefits Act 1973-1974 by the Australian Government to address the need for a comprehensive framework governing retirement and death benefits for members of the Australian Defence Force. These regulations were formulated by the Parliament of Australia to ensure the precise calculation of benefits based on historical pay rates and service periods, aligning with the policy objective of providing fair and accurate retirement and death benefits to Defence personnel. This legislative instrument was designed to supplement the principal Act by offering detailed guidelines on how specific benefits should be determined, thus bridging gaps in the implementation and administration of these entitlements.

Scope and Application

This legislative instrument, made under the Defence Force Retirement and Death Benefits Act 1973-1974, amends the Defence Force Retirement and Death Benefits Regulations to clarify the ascertainment of aggregate pay for existing contributors who had service under the former scheme prior to the enactment of the current Act. The regulations apply to existing contributors, which includes serving and former members of the Australian Defence Force who were part of the previous benefits scheme. The scope of the amendment is confined to the computation of aggregate pay and prescribed payments for the purposes of calculating retirement benefits. The regulations have a national jurisdictional reach, applying across all states and territories of Australia as it is a Commonwealth Act. There are no stated exclusions, exemptions, or thresholds in this particular legislative instrument, but the application of the regulations is subject to the specific conditions outlined in the Defence Force Retirement and Death Benefits Act. The regulations may be further extended or restricted through subordinate instruments, which would be detailed in subsequent legislative amendments or regulations.

Key Provisions

The Defence Force Retirement and Death Benefits Regulations have been amended to introduce new procedures for calculating the aggregate pay of existing contributors. Section 8 of the amended regulation requires the Authority to ascertain the amount of aggregate pay for each part of a contributor's previous contributory qualifying service that constitutes a constant pay period. This is done using a formula that multiplies the daily rate of pay applicable to the contributor during each day of the constant pay period by the number of pay-days within that period. The Authority must also determine the daily rate of pay applicable to each day of the contributor's previous contributory qualifying service, taking into account the contributor's rank and pay, the basis on which contributions would have been assessed under the former scheme, any elections made by the contributor that modified the rate of pay, any applicable refunds, and the maximum daily rate of active pay on the date of commencement of the contributor's full-time service continuous with service on or after 1 October 1972. The regulation imposes specific obligations on the Authority in determining aggregate pay and daily rates of pay. The Authority must consider the contributor's rank and pay, the basis for assessing contributions under the former scheme, any elections made by the contributor, applicable refunds, and the maximum daily rate of active pay at the start of the contributor's full-time service. The Authority must also ensure that the daily rate of pay is calculated correctly for each day of the contributor's previous contributory qualifying service. Additionally, the regulation specifies certain days as pay-days for the purposes of calculating aggregate pay. The regulation also outlines what constitutes a prescribed payment for the purposes of sub-section 89(6) of the Act. These prescribed payments include various types of gratuities and deferred pay or interest on deferred pay under different regulations and acts. Specifically, it lists payments under sections of the previous Act, the Defence Forces Retirement Benefits Act 1948, the Defence Forces Special Retirement Benefits Act 1960, and various regulations of the Naval Financial Regulations, Military Financial Regulations, and Air Force Regulations. It also includes payments under other legislation relating to conditions of service of Defence Force members. There are no specific offences, penalties, or civil or criminal consequences mentioned in the regulation for breaches of its provisions. However, non-compliance with the regulations could potentially lead to disputes or challenges regarding the calculation of benefits, which might be resolved through administrative or judicial processes. The regulation's focus is primarily on procedural clarity and the accurate calculation of benefits rather than punitive measures for non-compliance.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.