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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Interpretation  
  • 4 Retiring age for rank held  
  • 5 Continuity of service  
  • 5A Persons excluded from definition of eligible member of the Defence Force  
  • 5B Continuous full - time Reservists whose engagements span 30 June 2016  
  • 6 Non - effective service  
  • 6A Marital or couple relationship  
  • 6B Spouse who survives a deceased person  
  • 6BA Benefits for certain spouses in post - retirement marital or couple relationships  
  • 6C Surcharge deduction amount  
  • 6D Application of the Criminal Code  

PART III--CONTRIBUTIONS

  • 17 Contributions by members of scheme  
  • 18 Contributions not to be paid during periods of non - effective service  
  • 18A Contributions not to be paid after 40 years of effective service  
  • 19 Amount of fortnightly contributions  
  • 20 Amount of contributions on reduction in pay  
  • 21 Purchase of previous non - contributory service  
  • 22 Deductions of contributions from pay  

PART IV--RETIREMENT--BENEFITS

  • 23 Entitlement to retirement pay  
  • 24 Commutation of retirement pay  
  • 25 Rate of retirement pay applicable to certain existing contributors  

PART V--INVALIDITY--BENEFITS

  • 26 Invalidity benefit  
  • 27 Incapacity due to wilful action  
  • 28 Pre - existing invalidity or incapacity  
  • 29 Invalidity or incapacity arising during absence without leave exceeding 60 days  
  • 30 Classification in respect of incapacity  
  • 31 Class A and Class B invalidity pay  
  • 32 Class C invalidity benefit  
  • 32A Commutation of Class C invalidity pay  
  • 33 Rate of invalidity pay applicable to certain existing contributors  
  • 34 Reclassification in respect of incapacity  
  • 35 Power of CSC to require persons to be medically examined etc.  
  • 36 Invalidity benefits payable to certain contributors under Superannuation Act or the Superannuation Act 1990  
  • 37 Chief of the Defence Force may inform CSC of grounds of retirement  

PART VI--BENEFITS--ON DEATH OF MEMBER OF SCHEME

Division 1--Spouse's pension

  • 38 Spouse's pension on death of contributing member  
  • 39 Spouse's pension on death of recipient member  
  • 40 Set off against spouse's pension in certain circumstances  
  • 41 Rate of pension payable on death of member of scheme leaving more than one spouse  
  • 41A Commutation of spouse's pension  

Division 2--Children's pensions

  • 42 Eligible children other than orphans  
  • 43 Eligible orphans  

Division 2A--Special pensions

  • 43A Special pensions  
  • 44 Restoration of pensions for remarried widows and widowers  

Division 3--Miscellaneous

  • 45 Payment of benefits otherwise than to person entitled  
  • 46 Superannuation Act and the Superannuation Act 1990  
  • 47 Death of recipient member etc. due to retirement disabilities etc.  
  • 48 Lump sum payments on or after death--members with only one period of effective service  
  • 48A Lump sum payments on or after death--members with more than one period of effective service  
  • 49 Death of contributing member after 60 days absence without leave  

PART VIA--FAMILY--LAW SUPERANNUATION SPLITTING

Division 1--Preliminary

Division 2--Benefits for non-member spouse

Division 3--Reduction of benefits for member spouse

Division 4--Miscellaneous

PART VIB--SUSTAINING--THE SUPERANNUATION CONTRIBUTION CONCESSION: RELEASE OF BENEFIT TO MEET DEFERRED TAX LIABILITY

  • 49K Release of benefits under a release authority  
  • 49L Limit on amount that may be released  
  • 49M Priority order in relation to commutation of pension  
  • 49N Calculation of person's benefits after payment of release authority lump sum  
  • 49P Modification for candidates at parliamentary elections  
  • 49Q Modification for section 62  

PART VII--CANDIDATES--AT PARLIAMENTARY ELECTIONS

  • 50 Interpretation  
  • 51 Election by re - instated candidate  
  • 52 Effect of election under section 51  
  • 53 Refund of benefits by re - instated candidates to whom this Part applies  
  • 54 Re - instated candidates to whom Part does not apply  
  • 55 Rights of contributing members who resign to contest elections and are not re - instated  

PART VIII--GENERAL--PROVISIONS APPLICABLE TO CONTRIBUTIONS AND BENEFITS

  • 56 Refund of contributions  
  • 57 Election by officer on short service commission who continues to serve in respect of period of service under short service commission  
  • 59 Instalments of pension benefits  
  • 60 Prescribed basic annual rate of pay  
  • 61 Payment of refund of contributions or of lump sum payment to CSC in discharge of liability under Superannuation Act  
  • 61A Payment of refund of contributions or of lump sum payment to CSC in discharge of liability under the Superannuation Act 1990  
  • 62 Recipient member who becomes eligible member  
  • 63 Non - recipient retired member who again becomes an eligible member within 90 days  
  • 64 Non - recipient retired member who again becomes an eligible member after 90 days  
  • 65 Application of sections 63 and 64 to benefit under subsection 32(2)  

PART IX--PRESERVATION--OF RIGHTS OF CERTAIN MEMBERS OF THE SCHEME

Division 1--Preliminary

  • 66 Interpretation  
  • 67 Variation of determinations by CSC  

Division 2--Contributing members who have preserved rights from previous employment

  • 68 Transfer value payable in respect of previous employment  
  • 69 Members who pay transfer values to Commonwealth  

Division 3--Preservation of rights of contributing members ceasing to be eligible members of the Defence Force

  • 70 Interpretation  
  • 71 Eligible employment  
  • 72 Public employment  
  • 73 Eligible superannuation schemes  
  • 74 Transfer value  
  • 75 Deferred benefits  
  • 76 Election that Division apply  
  • 77 Circumstances in which transfer value payable  
  • 78 Circumstances in which person entitled to deferred benefits  
  • 79 Person who is entitled to rights under this Division not entitled to other retirement benefits  
  • 80 Certain former contributing members not entitled to benefits under this Division  
  • 81 Member who resigned to contest an election  
  • 82 Provisions applicable to certain recipient members restored to health  
  • 83 Person entitled to deferred benefits again becoming a member etc. before benefits payable  

Division 4--Miscellaneous

  • 84 Special provisions affecting former members of certain superannuation schemes  

PART X--CONTRIBUTORS--UNDER PREVIOUS BENEFITS SCHEME ETC.

  • 85 Interpretation  
  • 86 Refund of previous contributions  
  • 87 Additional contribution by certain pre - 1959 contributors  
  • 87A Additional contributions by certain persons purchasing service under section 27 of the previous Act  
  • 88 Contribution equal to deferred contributions under previous Act  
  • 89 Purchase of previous non - contributory service  
  • 90 Elections to become contributors by certain members  
  • 91 Certain periods of previous service deemed to be periods of effective service  
  • 92 Application of Act in respect of elections under subsection 4A(3B) of previous Act  
  • 93 Election by member of scheme to whom subsection 69(1A) of previous Act applies  
  • 94 Death of contributing member after 60 days absence without leave  
  • 95 Pre - existing invalidity or incapacity  
  • 96 Invalidity classification  
  • 97 Medical examination of member of scheme entitled to invalidity pay  
  • 98 Incapacity due to wilful action  

PART XA--PENSION--INCREASES

Division 1--Introduction

  • 98AA Simplified outline of this Part  
  • 98A Definitions  
  • 98AB Substitutions and changes by Statistician  
  • 98AC Rounding of percentages  

Division 2--General provisions about pension increases

  • 98AD Simplified outline of this Division  
  • 98B Increase in certain pensions  
  • 98C Application of increase to suspended pension benefits  
  • 98D Adjustment of increase in case of certain pension benefits  
  • 98E Date of payment of increases  
  • 98F Rate of invalidity pay payable on reclassification during a prescribed half - year  
  • 98G Commutation of pension benefits during a prescribed half - year  

Division 3--Increase for pensioners aged 55 or older

  • 98GA Simplified outline of this Division  
  • 98GB Increase for pensioners aged 55 or older  
  • 98GC Indicative pension amount  
  • 98GD LCI percentage  
  • 98GE MTAWE result  
  • 98GF 55 - plus percentage if MTAWE result is higher  

PART XB--PROVISIONS--RELATING TO CERTAIN MEMBERS OF THE DEFENCE FORCE

  • 98H Interpretation  
  • 98J Waiving of contributions  
  • 98K Variation of pension benefits  
  • 98L Commutation of retirement pay and invalidity pay  

PART XI--REVIEW--OF DECISIONS BY CSC

Division 1--Review of decisions by CSC

  • 99 Review of decisions of CSC  

Division 2--Defence Force Case Assessment Panel

  • 100 Establishment  
  • 101 Members  
  • 102 Functions  
  • 103 Proceedings  
  • 104 Indemnification  
  • 105 Remuneration and allowances  
  • 106 Recommendations by Panel to CSC  

Division 3--Review of decisions by the Administrative Appeals Tribunal

  • 107 Review by the Administrative Appeals Tribunal  

PART XII--MISCELLANEOUS

PART XIII--TRANSFER--TO MSB SCHEME

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