Defence Forces Retirement Benefits (Prescribed Contributors) Regulations

DEFENCE FORCES RETIREMENT BENEFITS ACT.

DEFENCE FORCES RETIREMENT BENEFITS (PRESCRIBED CONTRIBUTORS) REGULATIONS.

Statutory Rules 1963, No. 36.(a)

Citation.

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

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears—

“the Act” means the Defence Forces Retirement Benefits Act 1962;

“the commencing date” means the thirtieth day of November, 1962.

(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 1948-1962 have, subject to the last preceding sub-regulation, the same respective meanings as they have in that Act.

(4.) In these Regulations—

(a) a description of an officer holding a specified rank in the Permanent Air Force, being a description that contains the expression “old retiring age”, shall be taken to be a description of an officer holding that rank the age for compulsory retirement of whom is—

(i) the age that was specified in regulation 88 of the Air Force Regulations as in force immediately before the fourteenth day of December, 1959, in relation to that rank; or

(ii) if no age was so specified in relation to that rank, the lowest age that was so specified in relation to a higher rank; and

(a) Made under the Defence Forces Retirement Benefits Act 1962 on 11th May, 1963; notified in the Commonwealth Gazette on 17th May, 1963.

The form of introductory words used to make the Statutory Rule was as follows:—

“Whereas, by sub-section (5.) of section thirty-three of the Defence Forces Retirement Benefits Act 1962, 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 fixed under sub-section (1.) of section two 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 fixed under sub-section (1.) of section two of the Defence Forces Retirement Benefits Act 1962 was the thirtieth day of November, 1962:

“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 1962.”

(b) a description of an officer holding a specified rank in the Permanent Air Force, being a description that contains the expression “new retiring age”, shall be taken to be a description of an officer holding that rank the age for compulsory retirement of whom is—

(i) the age that was specified in regulation 88 of the Air Force Regulations as in force on the fourteenth day of December, 1959, in relation to that rank; or

(ii) if no age was so specified in relation to that rank, the lowest age that was so specified in relation to a higher rank.

Number of pay-days.

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

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

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

(i) in the case of a member (other than an officer) who is paying fortnightly contributions under section 29 of the Act or would, but for having made an election under section 28 of the Act, be paying fortnightly contributions under section 29 of the Act—the number of pay-days that will occur from and including the date on which his category is changed to and including the date on which his obligation to pay the fortnightly contributions under section 29 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 29 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 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 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 is serving on the date on which his category is changed, attain the retiring age for the rank held by him after the change in category shall be deemed to be serving, on the date of the change in category, under an engagement that will end on the date on which he will attain that retiring age.

Table applicable to officer.

4.—(1.) For the purposes of these Regulations, the Table applicable to an officer whose category changes by reason of an increase in his daily rate of pay resulting solely from an amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations is—

(a) the Table in Part I. of the Second Schedule to these Regulations; or

(b) if the officer has elected under sub-section (6.) of section 47 of the Defence Forces Retirement Benefits Act 1959, or that Act as amended, not to contribute to the Fund under that section—the Table in Part II. of that Schedule,

the number of which is set out in the third column of Part I. of the First Schedule to these Regulations opposite to the rank and description of the officer in the Service in which the officer is serving, as set out in the first and second columns of that Part.

(2.) For the purposes of these Regulations, the Table applicable to an officer whose category changes by reason of any other increase in his daily rate of pay is—

(a) the Table in Part I. of the Second Schedule to these Regulations; or

(b) if the officer has elected under sub-section (6.) of section 47 of the Defence Forces Retirement Benefits Act 1959, or that Act as amended, not to contribute to the Fund under that section—the Table in Part II. of that Schedule,

the number of which is set out in the fourth column of Part II. of the First Schedule to these Regulations opposite to—

(c) the rank and description of the officer immediately after the change in his category; and

(d) the rank and description of the officer immediately before the change in his category,

in the Service in which the officer is serving, as set out in the first, second and third columns of that Part.

Fortnightly contributions payable by prescribed contributors— officers other than those referred to in regulation 6.

5.—(1.) In this regulation, “officer” means an officer other than an officer to whom the next succeeding regulation applies.

(2.) The amount of each fortnightly contribution that an officer, being a prescribed contributor referred to in sub-section (2.) of section 33 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 sub-regulation (4.) of this regulation.

(3.) Subject to sub-regulation (7.) of this regulation, the amount to be paid fortnightly to the Fund in respect of additional contributions under sub-section (3.) of section 33 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, an amount ascertained in accordance with the next succeeding sub-regulation.

(4.) For the purposes of the last two preceding sub-regulations, the amount is—

(a) if the category changed by reason of an increase in his daily rate of pay resulting solely from an amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations—One pound multiplied by the number ascertained in accordance with the formula (A — B) × C; or

(b) in any other case—One pound multiplied by the number ascertained in accordance with the formula—

A×C — B×D + E—F.

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

A is the number of the category in which the officer is included immediately after the change;

B is the number of the category in which the officer was included immediately before the change;

C is—

(a) if 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 first factor specified in that Table opposite to that number of pay-days; or

(b) in any other case—the factor ascertained in accordance with the formula

D is—

(a) if 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 second factor specified in that Table opposite to that number of pay-days; or

(b) in any other case—the factor ascertained in accordance with the formula

E is—

(a) if 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 third factor specified in that Table opposite to that number of pay-days; or

(b) in any other case—the factor ascertained in accordance with the formula

and

F is—

(a) if 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 fourth factor specified in that Table opposite to that number of pay-days; or

(b) in any other case—the factor ascertained in accordance with the formula

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

G is the first factor specified in the Table applicable to the officer opposite to the number of pay days specified in that Table that is the next lower number than the number of pay-days applicable to the officer;

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

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

K is the first factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next higher number than the number of pay-days applicable to the officer;

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

M is the second factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next lower number than the number of pay-days applicable to the officer;

N is the second factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next higher number than the number of pay-days applicable to the officer;

P is the third factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next lower number than the number of pay-days applicable to the officer;

Q is the third factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next higher number than the number of pay-days applicable to the officer;

R is the fourth factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next lower number than the number of pay-days applicable to the officer; and

S is the fourth factor specified in the Table applicable to the officer opposite to the number of pay-days specified in that Table that is the next higher number than the number of pay-days applicable to the officer.

(7.) 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 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 formula .

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

T and V are, respectively, the first and second factors specified in the Third Schedule to these 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;

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

W 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 certain officers.

6.—(1.) This regulation applies to an officer, being a prescribed contributor, who was, on the day immediately preceding the date of commencement of the Defence Forces Retirement Benefits Act 1959, included by virtue of sub-section (5.) of section 38 of that Act in category number 114 or 115 for the purposes of the Defence Forces Retirement Benefits Act 1948-1959.

(2.) Where there is a change in the category of an officer to whom this regulation applies, the amount to be paid by him fortnightly to the Fund under sub-section (3.) of section 33 of the Act in respect of additional contributions is the amount ascertained by deducting the amount payable by him in accordance with the Defence Forces Retirement Benefits Act 1948-1958 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;

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

(c) who is included in the same category as the officer to whom this regulation applies is included after the change in category.

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

7.—(1.) The amount of each fortnightly contribution that a member (other than an officer), being a prescribed contributor referred to in sub-section (2.) of section 33 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 33 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—

Y is—

(a) the amount specified in the second column of the Fourth Schedule to these Regulations opposite to the number specified in the first column of that Schedule that is the same as the number of pay-days applicable to the member; or

(b) if the member has elected under sub-section (6.) of section 47 of the Defence Forces Retirement Benefits Act 1959, or that Act as amended, not to contribute to the Fund under that section—the amount specified in the third column of the Fourth Schedule to these Regulations opposite to the number specified in the first column of that Schedule that is the same as the number of pay-days applicable to the member; and

Z is the difference between—

(a) the number of the pounds included in the rate of pension per annum specified in Part II. of the Third Schedule to the Defence Forces Retirement Benefits Act 1948-1962 opposite to the category number in which the member is included immediately after the 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 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 the pounds included in the rate of pension per annum specified in Part II. of the Third Schedule to the Defence Forces Retirement Benefits Act 1948-1962 opposite to the category number in which the member was included immediately before the change in category, in the same sub-column as that referred to in the last preceding paragraph.

Fortnightly contribution payable by certain members where special circumstances exist.

8.—(1.) This regulation applies to—

(a) an officer (other than an officer to whom regulation 6 of these Regulations applies) 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 paydays 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 33 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; or

(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 33 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 be paid fortnightly to the Fund in respect of additional contributions under sub-section (3.) of section 33 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 members on change in retiring age.

9. The amount to be paid fortnightly to the Fund in respect of additional contributions under sub-section (4.) of section 33 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.

10. 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:—

THE SCHEDULES.

FIRST SCHEDULE. Regulation 4.

PART I.

Table Applicable to Officer on Change in Category by Reason of an Increase in his Daily Rate of Pay Resulting solely from an Amendment of the Defence Forces Retirement Benefits (Daily Rates of Pay) Regulations.

First Schedule—continued.

Part I.—continued.

PART II.

Table Applicable to Officer on Change in Category by Reason of any other Increase in his Daily Rate of Pay.

First Schedule—continued.

Part II.—continued.

First Schedule—continued.

Part II.—continued.

First Schedule—continued.

Part II.—continued.

SECOND SCHEDULE. Regulation 4.

PART I.

TABLES to be Used in Ascertaining Fortnightly Contributions Payable on Change in Category of an Officer who has not Elected Under Section 47 (6.) of the Defence Forces Retirement Benefits Act 1959 or that Act as Amended.

Second Schedule—continued.

Part I—continued.

Second Schedule—continued.

Part I—continued.

Second Schedule—continued.

Part I—continued.

Second Schedule—continued.

Part I—continued.

Second Schedule—continued.

Part I—continued.

Second Schedule—continued.

Part I—continued.