Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 82GA

             (1)  Paragraph (2)(a) applies in relation to a person to whom this Part applies who retires, or dies before retirement, and:

                     (a)  whose new category number is a lower number than his previous category number;

                     (b)  who, before he first became entitled to pension, made an election under section 61A or 61B of the Defence Forces Retirement Benefits Act 1963‑1965 ;

                     (c)  the rate of whose pension on his first retirement was reduced:

                              (i)  under section 58 or 79A, or under an agreement entered into under section 78 or 79, of the Defence Forces Retirement Benefits Act 1959 or that Act as amended and in force from time to time;

                             (ii)  under section 41, 44, 45, 46 or 47 of the Defence Forces Retirement Benefits Act 1962 or that Act as amended and in force from time to time; or

                            (iii)  under section 51, 54, 55, 56 or 57 of the Defence Forces Retirement Benefits Act 1963 or that Act as amended and in force from time to time;

                     (d)  who first retired after the commencement of the Defence Forces Retirement Benefits Act 1959 and, immediately before that retirement, was not a contributor for maximum additional basic pension for the purposes of Part III of that Act;

                     (e)  who first retired after the commencement of the Defence Forces Retirement Benefits Act 1962 and, immediately before that retirement, was not a contributor for maximum additional basic pension for the purposes of Part IV of that Act;

                      (f)  who first retired after the commencement of the Defence Forces Retirement Benefits Act 1963 and, immediately before that retirement, was not a contributor for maximum additional basic pension for the purposes of Part IV of that Act;

                     (g)  who is or was a person to whom the Defence Forces Special Retirement Benefits Act 1960 applies or applied; or

                     (h)  the rate of whose pension is, by virtue of the operation of section 77 or 78 of the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time, less than it would otherwise be.

             (2)  Where:

                     (a)  pension becomes payable to or in respect of a person in relation to whom this paragraph applies;

                     (b)  pension becomes payable to a person to whom this Part applies and who, before he became such a person, commuted a portion of his pension under section 74 of this Act; or

                     (c)  pension becomes payable in respect of a person to whom this Part applies and who made an election under subsection 47(6) of the Defence Forces Retirement Benefits Act 1959 , being an election that has not been revoked;

that pension shall be paid at such rate as is determined by the Board as being appropriate having regard to all the circumstances of the case.

             (3)  In subsection (1):

"new category number" , in relation to a person in relation to whom this section applies, means the category number of the person immediately before his retirement or death.

"previous category number" , in relation to a person in relation to whom this section applies, means the category number of the person immediately before he first became a pensioner or, if that category number would, if this Act, and the Defence Forces Retirement Benefits Regulations, as in force immediately before his retirement or death, had been in force immediately before he first became a pensioner, have been a different number, that different number.

             (4)  The reference in the definition of previous category number in subsection (3) to the category number of a person immediately before he first became a pensioner shall, in the case of a person who became a pensioner before 14 December 1959, be read as a reference to the number of units for which the person was last contributing to the Fund before he became a pensioner.