Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1961 - SECT 4

(1)

This section applies to a prescribed pensioner to whom the next succeeding section does not apply.

(2)

For the purposes of this section, the Defence Forces Retirement Benefits Act 1948-1958 shall be deemed to have effect as if:

(a)

subsection (2) of section thirty-eight of that Act provided that, subject to section fifty of that Act, the pension payable to an officer under that section were a pension at such rate set out in column four of Part I of the First Schedule to this Act as is applicable to the officer having regard to the description set out in column one, two or three of that Part that applied to the officer at the date of his retirement;

(b)

subsection (3) of section thirty-nine of that Act provided that the deduction under subsection (2) of that section were a deduction in accordance with the Second Schedule to this Act;

(c)

subsection (2) of section forty-one of that Act provided that, subject to section fifty of that Act, the pension payable to a member under that section were:

(i)

a pension at such rate set out in column four of Part II of the First Schedule to this Act as is applicable to the member having regard to the description set out in column one, two or three of that Part that applied to the member at the date of his retirement; and

(ii)

in the case of a member who had completed more than twenty year's service for pension before attaining the retiring age for the rank held by him, additional pension, if any, in accordance with the Third Schedule to this Act for each completed year of service for pension in excess of twenty years;

(d)

subsection (2A) of section forty-eight of that Act provided that the deduction under subsection (2) of that section were a deduction in accordance with the Second Schedule to this Act; and

(e)

the reference in the Eighth Schedule to that Act to the amounts of £182 and £91 were references to the amounts of £208 and £104 respectively.

(3)

Where the pension payable to a pensioner to whom this section applies would, if the pension were payable to him in accordance with the Defence Forces Retirement Benefits Act 1948-1958 as that Act is deemed to have effect for the purposes of this section, be payable at a rate higher than the rate at which, but for this section, the pension would be payable, he is entitled to an increase in the rate of the pension to that higher rate.

(4)

In the application of this section to a prescribed pensioner to whom additional pension is payable under section forty-six of the Defence Forces Retirement Benefits Act 1948-1958 , there shall be taken into account for the purpose of ascertaining the pension that would have been payable to the pensioner if he had continued to serve until he attained the age of sixty years the amount, if any, by which that pension would have been increased by virtue of the next succeeding section.