Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1971 - SECT 12

(1)

Where, immediately before the commencing date:

(a)

pension was payable to a person under section 55 of the Defence Forces Retirement Benefits Act 1948 by virtue of that person being the widow of a member who died before retirement but, 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 52 of the Defence Forces Retirement Benefits Act 1948 , 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 57 of the Defence Forces Retirement Benefits Act 1948 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 57 of the Defence Forces Retirement Benefits Act 1948 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 52 of the Defence Forces Retirement Benefits Act 1948 , 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, if her husband commuted a portion of his pension under section 74 of the Defence Forces Retirement Benefits Act 1948 , section 8 of this Act shall be disregarded in so far as it applies by reason of the commutation.

(2)

The reference in the last preceding subsection to the fraction of five-eighths shall, in the case of the widow of a person who made an election under subsection (6) of section 47 of the Defence Forces Retirement Benefits Act 1959 and has not revoked that election, or has made an election under subsection (4) of section 48 of that Act, be read as a reference to the fraction of one-half.

(3)

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