Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1961 - SECT 6

Where, immediately before the commencing date:

(a)

a pension was payable to a person under section fifty-five of the Defence Forces Retirement Benefits Act 1948 , or of that Act as amended, by virtue of that person being the widow of a member who died before retirement but who, if he had retired on the day on which he died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section fifty-two of the Defence Forces Retirement Benefits Act 1948-1958 , would have been entitled to an increase in that pension under this Act;

(b)

a pension was payable to a person under subsection (1) of section fifty-seven of the Defence Forces Retirement Benefits Act 1948 , or of that Act as amended, by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of his pension immediately before the commencing date, would have been entitled to an increase in that pension under this Act; or

(c)

a pension was payable to a person under subsection (3) of section fifty-seven of the Defence Forces Retirement Benefits Act 1948 , or of that Act as amended, by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section fifty-two of the Defence Forces Retirement Benefits Act 1948-1958 , would have been entitled to an increase in that pension under this Act,

the widow is, subject to this Act, entitled to an increase in her pension, being an increase equal to five-eighths of the increase in pension to which her husband would have been entitled under this Act, but, in ascertaining the increase in pension to which her husband would have been entitled, regard shall not be had to the next succeeding section.