Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 54A

             (1)  In this section:

"non-Permanent Forces officer" means an officer who is not a member of the Permanent Forces.

"Permanent Forces officer" means an officer who is a member of the Permanent Forces.

             (2)  Where:

                     (a)  a non‑Permanent Forces officer retires; and

                     (b)  the retiring age for the rank held by him on his retirement is greater than it would have been if he had been a Permanent Forces officer on his retirement;

the retiring age for the rank held by him on his retirement shall, for the purposes of:

                     (c)  subsection 38(2);

                     (d)  subsection 39(2), other than subparagraph 39(2)(a)(ii);

                     (e)  subsections 52(2) and (5); and

                      (f)  if he became a non‑Permanent Forces officer after the commencement of this section and he was, immediately before becoming a non‑Permanent Forces officer, a Permanent Forces officer--subsection 40(2);

but not for any other purpose of this Act, be deemed to be the age that would have been that retiring age if he had been a Permanent Forces officer on his retirement.

             (3)  Where:

                     (a)  a member who is not an officer and not a member of the Permanent Forces retires;

                     (b)  he is entitled to pension under subsection 52(3);

                     (c)  paragraph (a) of that subsection applies to him; and

                     (d)  the retiring age for the rank held by him on his retirement is a greater age than it would have been if he had been a member of the Permanent Forces on his retirement;

the retiring age for the rank held by him on his retirement shall, for the purposes of subsection 52(4), but not for any other purpose of this Act, be deemed to be the age that would have been that retiring age if he had been a member of the Permanent Forces on his retirement.