Defence Forces Retirement Benefits (Existing Contributors) Regulations

STATUTORY RULES.

1960. No. 43

REGULATIONS UNDER THE DEFENCE FORCES

RETIREMENT BENEFITS ACT 1959.*

WHEREAS, by sub-section (3.) of section forty-nine of the Defence Forces Retirement Benefits Act 1959, it is provided that the Governor-General may make regulations, not inconsistent with that Act, prescribing matters which are necessary or convenient to be prescribed for giving effect to that section and regulations so made within a period of six months after 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, by section two of the Defence Forces Retirement Benefits Act 1959, it is provided that that Act shall come into operation on the fourteenth day of December, 1959:

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 Retirements Benefits Act 1959.

Dated this  8th.

day of  June , 1960.

DUNROSSIL

Governor-General.

By His Excellency's Command,

(SGD.) HAROLD HOLT

Treasurer.

DEFENCE FORCES RETIREMENT BENEFITS (EXISTING CONTRIBUTORS) REGULATIONS.

Citation.

1. These Regulations may be cited as the Defence Forces Retirement Benefits (Existing Contributors) Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears— “the Act” means the Defence Forces Retirement Benefits Act 1959;

“the commencing date” means the fourteenth day of December, 1959.

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

* Notified in the Commonwealth Gazette on 10th June 1960.

3816/60.—Price 1s. 6d. 10/3.6.1960.

(3.) In these Regulations, expressions defined by the Defence Forces Retirement Benefits Act 1948-1959 have, subject to the last preceding sub-regulation, the same respective meanings as they have in that Act.

Number of pay-days.

3.—(1.) For the purposes of these Regulations—

(a) the number of pay-days applicable to an officer who is promoted or whose category is changed means the number of pay-days that will occur from and including the date on which the officer is promoted or his category is changed to and including the date on which he will attain the retiring age for the rank to which he has been promoted or for the rank held by him after the change in category;

(b) the number of pay-days applicable to a member (other than an officer) who is promoted or whose category is changed means—

(i) in the case of a member (other than an officer) who is paying fortnightly contributions under section 45 of the Act or would, but for having made an election under section 44 of the Act, be paying fortnightly contributions under section 45 of the Act—the number of pay-days that will occur from and including the date on which the member is promoted or his category is changed to and including the date on which his obligation to pay the fortnightly contributions under section 45 of the Act will cease or would have ceased, as the case may be; or

(ii) in the case of such a member whose obligation to make contributions under section 45 of the Act has ceased, or would have ceased, as the case may be— the number of pay-days that will occur from and including the date on which he is promoted or his category is changed to and including the date on which he will complete the engagement under which he is serving on the date of his promotion or change in category.

(2.) For the purposes of sub-paragraph (ii) of paragraph (b) of the last preceding sub-regulation, a member (not being an officer) who will, before the completion of the engagement under which he serving on the date on which he is promoted or his category is changed, attain the retiring age for the rank held by him after the promotion or the change in category shall be deemed to be serving, on the date of the promotion or the change in category, under an engagement that will end on the date on which he will attain that retiring age.

Fortnightly contributions payable by existing contributors— officers other than referred to in regulations 5 or 8.

4.—(1.) In this regulation, “officer” means an officer other than an officer to whom regulation 5 or 8 of these Regulations applies.

(2.) The amount of each fortnightly contribution that an officer, being an officer referred to in sub-section (1.) of section 49 of the Act, is, under that sub-section, required to pay, in addition to any other contributions which

he is required to make to the Fund, on a promotion to a rank in a Branch or Corps referred to in the heading to one of the Tables in the First Schedule to these Regulations (in this regulation referred to as “the Table applicable to the officer”) is an amount ascertained in accordance with whichever of sub-regulations (4.) and (5.) of this regulation is applicable.

(3.) The amount to be paid fortnightly to the Fund in respect of additional contributions under sub-section (2.) of section 49 of the Act by an officer, being an officer referred to in that sub-section, whose category is changed to the category in which is included a rank in a Branch or Corps referred to in the heading to one of the Tables in the First Schedule to these Regulations (in this regulation referred to as “the Table applicable to the officer”) is the sum obtained by adding to the amount of the fortnightly contributions payable, immediately before the change in category, by him under Part III. of the Act, other than by virtue of section 43 of the Act, an amount ascertained in accordance with whichever of sub-regulations (4.) and (5.) of this regulation is applicable.

(4.) Where the number of pay-days applicable to the officer is a number specified in the first column of the Table applicable to the officer, the amount is—

(a) the amount specified in the second column of that Table opposite to that number of pay-days; or

(b) if the officer has elected under sub-section (6.) of section 47 of the Act not to contribute to the Fund under that section— the amount specified in the second column of that Table opposite to that number of pay-days less the amount specified in the third column of that Table opposite to that number of pay-days.

(5.) Where the number of pay-days applicable to the officer is a number other than a number specified in the Table applicable to the officer, the amount is—

(a) an amount ascertained in accordance with the following formula:—

(b) if the officer has elected under sub-section (6.) of section 47 of the Act not to contribute to the Fund under that section— the amount ascertained in accordance with the last preceding paragraph less an amount ascertained in accordance with the following formula:—

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

A is the amount specified in the second column of the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next lower number to the number of pay-days applicable to the officer;

B is the number of pay-days specified in that Table that is the next lower number to the number of pay-days applicable to the officer;

C is the number of pay-days applicable to the officer;

D is the amount specified in the second column of the Table that is applicable to the officer opposite to the number of pay-days specified in that Table that is the next higher number to the number of pay-days applicable to the officer;

E is the number of pay-days specified in that Table that is the next higher number to the number of pay-days applicable to the officer;

M is the amount specified in the third column of the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next lower number to the number of pay-days applicable to the officer; and

N is the amount specified in the third column of the Table that is applicable to the officer opposite to the number of pay-days specified in that Table that is the next higher number to the number of pay-days applicable to the officer.

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

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

F and H are, respectively, the first and second factors specified in the Second Schedule to these Regulations opposite to the rank, in the Corps or Branch and in the Service, which the officer holds after his promotion or change in category;

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

J is the amount of the fortnightly contributions payable immediately before the change in his category by the officer under Part III. of the Act, other than by virtue of section 43 of the Act.

Fortnightly contributions payable by officers included in category number 13, 15, 16, 17, 34, 36 or 37.

5. Where there is a change in the category of an existing contributor whose rank or description was, on the day preceding the commencing date, included, by virtue of sub-section (5.) of section 38 of the Act, in category number 13, 15, 16, 17, 34, 36 or 37, the amount to be paid by him fortnightly to the Fund under sub-section (2.) of section 49 of the Act in respect of additional contributions is the amount ascertained by deducting the amount payable by the existing contributor under section 43 of the Act from an amount that is equal to the amount that would be payable under the Defence Forces Retirement Benefits Act 1948-1959 by an officer—

(a) who becomes a contributor after the fourteenth day of December, 1959.

(b) whose age, on the date of becoming a contributor is the same as the age of the existing contributor on the date on which the existing contributor became a contributor; and

(c) whose rank is included in the same category as the rank of the existing contributor is included after the change in category.

Contributions payable by members (other than officers) on promotion or change in category.

6.—(1.) The amount of each fortnightly contribution that a contributor (other than an officer or a contributor to whom regulation 7 of these Regulations applies), being a contributor referred to in sub-section (1.) of section 49 of the Act, is, under that sub-section, required to pay, in addition to any other contributions which he is required to make to the Fund, on a promotion which results in the contributor being included in a category that has a lower category number than the category in which the contributor was included before the promotion is an amount ascertained in accordance with the prescribed formula.

(2.) The amount to be paid fortnightly to the Fund under sub-section (2.) of section 49 of the Act by a contributor (other than an officer or a contributor to whom regulation 7 of these Regulations applies), being a contributor referred to in that sub-section, whose category is changed to a category that has a lower category number is the sum of—

(a) the amount of the fortnightly contributions payable by him under Part III. of the Act, other than by virtue of section 43 of the Act; and

(b) an amount ascertained in accordance with the prescribed formula.

(3.) For the purposes of this regulation, the prescribed formula is—

(a) the formula

(b) if the contributor has elected under sub-section (6.) of section 47 of the Act not to contribute to the Fund under that section—the formula

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

P is the higher amount specified in the Third Schedule to these Regulations opposite to the number specified in that Schedule that is the same as the number of pay-days applicable to the contributor;

Q is the difference between—

(a) an amount equal to the rate of pension per annum specified in Part II. of the Third Schedule to the Defence Forces Retirement Benefits Act 1948-1959, opposite to the category number in which the contributor is included after the promotion or change in category, in the sub-column headed by the number that is the same as the number of years’ service for pension that the member will have completed when his obligation to make the additional contributions required by Part III. of the Act to be made by him as a result of the promotion or change in category will have ceased; and

(b) an amount equal to the rate of pension per annum specified in Part II. of the Third Schedule to the Defence Forces Retirement Benefits Act 1948-1959 opposite to the category number in which the member was included immediately before the promotion or change in category, in the same sub-column as that referred to in the preceding paragraph; and

R is the lower amount specified in the Third Schedule to these Regulations opposite to the number of pay-days specified in that Schedule that is the same as the number of pay-days applicable to the contributor.

Contributions payable by members included in category number 112 or 116.

7.—(1.) This regulation applies to an existing contributor whose rank or description was, on the day preceding the commencing date included, by virtue of sub-section (5.) of section 38 of the Act, in category number 112 or 116, other than an existing contributor who held, before that date, a rank or description that is included in a category that has a lower category number than category number 112 or category number 116, respectively, as the case may be.

(2.) Where the category of an existing contributor to whom this regulation applies is changed, the amount to be paid by him fortnightly to the Fund under sub-section (2.) of section 49 of the Act is the amount ascertained by deducting the amount payable by the existing contributor to whom this regulation applies under section 43 of the Act from an amount that is equal to the amount that would be payable under the Defence Forces Retirement Benefits Act 1948-1959 by a contributor—

(a) who becomes a member after the fourteenth day of December 1959;

(b) whose age, at the date of becoming a member, is the same as the age of the existing contributor to whom this regulation applies when he became a member; and

(c) whose rank or description is included in the same category as the existing contributor to whom this regulation applies.

Fortnightly contributions payable by certain officers where special circumstances exist.

8.—(1.) This regulation applies to—

(a) an officer (other than an officer to whom regulation 5 of these Regulations applies) who is promoted to a rank in a Branch or Corps other than one referred to in the heading to a Table in the First Schedule to these Regulations;

(b) an officer (other than an officer to whom regulation 5 of these Regulations applies) whose category is changed and who holds, after the change, a rank in a Branch or Corps other than one referred to in the heading to a Table in the First Schedule to these Regulations;

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

(d) an officer who is promoted or 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 that is the Table applicable to the officer under regulation 4 of these Regulations;

(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 his rank was included before his retirement; or

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

(g) a member who is liable to make additional contributions under section 49 of the Act and whose category is changed, in circumstances other than those mentioned in the last preceding paragraph, to a category having a higher category number;

(h) an officer who is promoted to a rank, or 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 or change; or

(i) an officer who is promoted from the rank of Lieutenant-Commander (S.D.) to the rank of Commander (S.D.) and was, immediately before the promotion included in category number 27.

(2.) The amount of each fortnightly contribution to be paid by an officer to whom this regulation applies under sub-section (1.) of section 49 of the Act, in addition to any other contributions which he is required to make to the Fund, on the promotion 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 be paid fortnightly to the Fund in respect of additional contributions under sub-section (2.) of section 49 of the Act by an officer or member to whom this regulation applies on the change in category by virtue of which this regulation applies to the officer or member is such amount as is determined by the Board on the advice of the Commonwealth Actuary.

(4.) The Commonwealth Actuary in advising the Board for the purposes of either of the last two preceding sub-regulations and the Board in making a determination in relation to an officer for the purposes of either of those two sub-regulations shall have regard to the principle that the contributions paid or payable by the contributor under Part III. of the Act, other than by virtue of section 43 of the Act, should be sufficient to enable the Fund to provide for, or in respect of, the contributor an amount of pension which bears to that part, which is attributable to his contributions under Part III. of the Act, of the pension that may become payable to, or in respect of, him, 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 promotion or change in category bears to one hundred:—

THE SCHEDULES.

FIRST SCHEDULE.

Regulation 4.

Fortnightly Contributions Payable by an Officer on Promotion or Change in Category.

First Schedule—continued.

First Schedule—continued.

First Schedule—continued.