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
Division 2A--Special pensions
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
- 49B Associate pension for non - member spouse if operative time in payment phase
- 49C Commutation of small associate pension
Division 3--Reduction of benefits for member spouse
- 49D Operative time during growth phase--reduction of later standard pension or lump sum amount
- 49E Operative time during payment phase--reduction of standard pension or lump sum amount
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
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
- 124 Election relating to surcharge deduction amount
- 124A Determinations with respect to surcharge deduction amount
- 124B Recoverable payments
- 124C Recoverable death payments
- 124D Reports about recoverable payments and recoverable death payments
- 125 Payments by the Commonwealth
- 126 Recovery of amounts payable to Commonwealth
- 127 Recipient member etc. to inform CSC if he becomes eligible member
- 128 Extension of periods of elections
- 128A Cancellation of elections
- 129 Assignment of pensions
- 130 Attachment of benefits
- 130A Repayment of amounts that have been refunded to the Commonwealth
- 130B Trustee of Scheme for purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997
- 131 Regulations
PART XIII--TRANSFER--TO MSB SCHEME
- 132 Election to remain member of scheme or to join MSB scheme
- 133 Election where member dies
- 134 Effect of election
- 135 Loss of entitlement to benefits etc.
- 136 Failure to make election
- 137 Certain persons liable to make repayments to Commonwealth on making of election
- 138 Persons precluded from transferring to MSB scheme
- SCHEDULE 1 Retirement pay expressed as a percentage of annual rate of pay
- SCHEDULE 2 Notional retiring age for certain officers retiring at own request or on disciplinary grounds, or entitled to deferred benefit retirement pay
- SCHEDULE 3 Commutation of retirement pay and Class C invalidity pay--expectation of life factor