Defence Forces Retirement Benefits (Existing Contributors) Regulations (Amendment)

Legislation au C1963L00038 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963. No. 38.

 

REGULATIONS UNDER THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1959-1962.*

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 1959-1962.

Dated this eleventh day of May, 1963.

E. W. WOODWARD

Deputy of the Governor-General.

By His Excellencys Command,

(SGD) HAROLD HOLT

Treasurer.

 

Amendments of the Defence Forces Retirement Benefits (Existing Contributors) Regulations.†

Fortnightly contributions payable by certain officers.

1. Regulation 5 of the Defence Forces Retirement Benefits (Existing Contributors) Regulations is amended—

(a) by omitting the word Where and inserting in its stead the words Subject to the next succeeding sub-regulation, where ; and

(b) by adding at the end thereof the following sub-regulation:—

(2.) Where there is a change in the category of members in which an existing contributor to whom the last preceding sub-regulation applies is included for the purposes of the Defence Forces Retirement Benefits Act 1948-1962, the amount to be paid by the existing contributor 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 1948-1962 by an officer—

(a) who becomes a contributor after the thirtieth day of November, 1962;

 

* Notified in the Commonwealth Gazette on 17th May 1963.

† Statutory Rules 1960, No. 43.

137/63.—Price 3d. 9/8.3.1963.


(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) who is included in the same category of members for the purposes of the Defence Forces Retirement Benefits Act 1948-1962 as the existing contributor is included for the purposes of that Act after the change in category..

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

2. Regulation 7 of the Defence Forces Retirement Benefits (Existing Contributors) Regulations is amended—

(a) by omitting from sub-regulation (2.) the word Where and inserting in its stead the words Subject to the next succeeding sub-regulation, where ; and

(b) by adding at the end thereof the following sub-regulation:—

(3.) Where there is a change in the category of members in which an existing contributor to whom this regulation applies is included for the purposes of the Defence Forces Retirement Benefits Act 1948-1962, the amount to be paid by the existing contributor 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 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 1948-1962 by a member—

(a) who becomes a contributor after the thirtieth day of November, 1962;

(b) whose age on the date of becoming a contributor is the same as the age of the existing contributor to whom this regulation applies on the date on which the existing contributor became a contributor; and

(c) who is included in the same category of members for the purposes of the Defence Forces Retirement Benefits Act 1948-1962 as the existing contributor to whom this regulation applies is included for the purposes of that Act after the change in category..

Second Schedule.

3.—(1.) The Second Schedule to the Defence Forces Retirement Benefits (Existing Contributors) Regulations is amended by inserting before the words—

Commander | Navy | Ordnance Inspection | .9990022 | 78

the words—

Lieutenant-Commander | Navy | Instruction | .9990939 | 78 “.

(2.) This Regulation shall be deemed to have come into operation on the fourteenth day of December, One thousand nine hundred and fifty-nine.

 

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

Overview

The Defence Forces Retirement Benefits (Existing Contributors) Regulations 1963 were made under the Defence Forces Retirement Benefits Act 1959-1962 by the Governor-General in Council, to amend the existing regulations concerning the fortnightly contributions payable by certain officers and members. This legislative instrument addresses the need to adjust the contributions payable by existing contributors who experience a change in their category of membership, ensuring that their contribution amounts are calculated in line with the rates applicable to new contributors who join under similar circumstances. The objective of these regulations is to maintain fairness and consistency in the retirement benefits scheme for defence force members by aligning the contributions of existing contributors with those of new contributors, thereby updating the regulatory framework to reflect changes in the membership categories.

Scope and Application

The Statutory Rules 1963 No. 38, Regulations under the Defence Forces Retirement Benefits Act 1959-1962, applies to existing contributors to the Defence Forces Retirement Benefits Fund, specifically targeting officers and members who have been contributors to the fund. The regulations are applicable to individuals who have been serving in the defence forces and have been contributors to the fund prior to the thirtieth day of November 1962. The changes in the regulations are designed to adjust the fortnightly contributions based on changes in the category of members to which an existing contributor is assigned. The scope of these regulations extends to all members within the Commonwealth of Australia, thereby affecting their retirement benefits and contributions. There are no explicit exclusions mentioned in the text, but the regulations are tailored to address the specific changes in category membership and the corresponding adjustments to the contributions. The regulations also include a Second Schedule, which amends the Defence Forces Retirement Benefits (Existing Contributors) Regulations by inserting new categories of officers and members. The regulations are made under the authority of the Defence Forces Retirement Benefits Act 1959-1962 and are effective from the fourteenth day of December, 1959.

Key Provisions

The Regulations under the Defence Forces Retirement Benefits Act 1959-1962 primarily address changes to the fortnightly contributions payable by certain officers, as well as the specific contributions for members included in certain categories. Regulation 5(2) amends the Defence Forces Retirement Benefits (Existing Contributors) Regulations to adjust the amount of fortnightly contributions that an existing contributor must pay when there is a change in their category within the Defence Forces Retirement Benefits Act 1948-1962. This adjustment is calculated by comparing the contributor's current payment under section 43 of the Act with what an officer, who joins after 30 November 1962 and is of the same age and category, would pay. Similarly, Regulation 7(3) modifies the contributions for members in category 112 or 116, using a similar method of calculation to determine the required additional contributions when there is a change in their category. These Regulations impose specific obligations on existing contributors to the Defence Forces Retirement Benefits Fund. When a change occurs in the category of members for the purposes of the Defence Forces Retirement Benefits Act 1948-1962, these contributors must calculate their new fortnightly contributions by deducting their current contribution from the amount that a new contributor of the same age and category would pay. This requirement ensures that the contributors' payments are adjusted in line with changes in their classification within the Act. Additionally, the Second Schedule is amended to include a new entry for Lieutenant-Commander in the Navy, specifying their particulars and contribution rate. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the amended contributions provisions. However, the Defence Forces Retirement Benefits Act 1959-1962, under which these Regulations are made, may impose penalties for non-compliance with the Act's requirements. Typically, failure to adhere to the Act's provisions could result in legal actions or financial penalties, although the exact nature and extent of these consequences would be governed by the broader legislative framework and any related enforcement mechanisms.

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