Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1971 - SECT 11

(1)

This section applies to an eligible pensioner:

(a)

the rate of whose pension has been reduced under section 58 or section 79A, or under an agreement entered into in pursuance of section 78 or section 79, of the Defence Forces Retirement Benefits Act 1959 or of that Act as amended, under section 41, 44, 45, 46 or 47 of the Defence Forces Retirement Benefits Act 1962 or of that Act as amended or under section 51, 54, 55, 56 or 57 of the Defence Forces Retirement Benefits Act 1963 or of that Act as amended;

(b)

the rate of whose pension is, by virtue of the operation of section 77 or section 78 of the Defence Forces Retirement Benefits Act 1948-1958 , less than it would otherwise be;

(c)

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

(d)

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

(e)

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

(f)

who is a person to whom the Defence Forces Special Retirement Benefits Act 1960 applies.

(2)

The rate of pension payable to an eligible pensioner to whom this section applies is, in lieu of the rate at which, apart from this section, that pension would be payable, such rate as the Minister for Finance determines to be appropriate having regard to the increases in the rates of pensions payable to other eligible pensioners by virtue of the preceding provisions of this Act and to all the circumstances of the case.