DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1971

Commonwealth Consolidated Acts

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DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1971 - SECT 3

Interpretation

(1): In this Act, unless the contrary intention appears:

"actual pension entitlement", in relation to an eligible pensioner, means the rate at which pension was payable to him immediately before the commencing date, or, if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or he had made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963-1968 , the rate at which pension would have been payable to him at that time if that section had not so applied in relation to him, he had not commuted a portion of his pension or he had not made that election, as the case may be.

"basic pension entitlement", in relation to an eligible pensioner, means:

(a): in the case of a pensioner who retired before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1961 :

(i): the rate at which pension was payable to him immediately before the commencement of that Act; or
(ii): if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948 ) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be;

(b): in the case of a pensioner who retired after the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1961 but before the commencement of the Defence Forces Retirement Benefits Act 1963 :

(i): the rate at which pension was payable to him immediately before the commencement of the Defence Forces Retirement Benefits Act 1963 ; or
(ii): if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948 ) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be;

(c): in the case of a pensioner who retired after the commencement of the Defence Forces Retirement Benefits Act 1963 but before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1967 :

(i): the rate at which pension was payable to him immediately before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1967 ; or
(ii): if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948 ) his classification for the purposes of that section was, at that time, different from his classification on the commencing date or he had made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963-1968— the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension, his classification at that time had been the same as his classification on the commencing date or he had not made that election, as the case may be; and

(d): in any other case—his actual pension entitlement.

"deferred pension" means a pension payable by virtue of Division 3 of Part VIC of the Defence Forces Retirement Benefits Act 1948-1971 .

"eligible pensioner" means a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor or by virtue of section 73 of the Defence Forces Retirement Benefits Act 1948 , being a pension that commenced to be payable before the thirtieth day of June, One thousand nine hundred and seventy-one.

"notional rate of annual pay", in relation to an eligible pensioner or a pensioner included in a class of eligible pensioners, means such rate of annual pay payable to members on the thirtieth day of June, One thousand nine hundred and seventy-one, as the Treasurer determines to be the rate that corresponds with the maximum rate of annual pay that was applicable to the pensioner or to that class of pensioners, as the case may be, immediately before the retirement of the pensioner.

"pension at current rate", in relation to an eligible pensioner, means:

(a): except in the case of a pensioner to whom paragraph (b) of this definition applies—the rate at which pension would have been payable to him immediately before the commencing date if the Defence Forces Retirement Benefits Act 1948-1971 had been in force immediately before his retirement and he were, subject to subsection (3) of this section, entitled to pension in accordance with the provisions of that Act; and
(b): in the case of a pensioner in relation to whose pension section 45 of the Defence Forces Retirement Benefits Act 1948 applies—such rate of pension as is ascertained by multiplying the rate of Ninety-one dollars per annum by a number the same as the category number applicable under section 4A of the Defence Forces Retirement Benefits Act 1948-1971 to a rate of annual pay the same as the notional rate of annual pay of the pensioner.

"the commencing date" means the date of commencement of this Act.

(2): In determining the basic pension entitlement of an eligible pensioner for the purposes of this Act, any increase in the rate of his pension that was effected by the operation of section 45 of the Defence Forces Retirement Benefits Act 1948 shall be disregarded.
(3): In the application of the provisions of the Defence Forces Retirement Benefits Act 1948-1971 in relation to an eligible pensioner for the purposes of paragraph (a) of the definition of pension at current rate in subsection (1) of this section:

(a): the category of the member at his retirement shall be deemed to be the category applicable under section 4A of that Act to a rate of annual pay the same as the notional rate of annual pay of the pensioner;
(b): section 69 of that Act, and any commutation of a portion of his pension by the eligible pensioner, shall be disregarded;
(c): if the eligible pensioner retired before the commencement of the Defence Forces Retirement Benefits Act 1959 , paragraph (b) of subsection (4) of section 39 of the Defence Forces Retirement Benefits Act 1948-1971 shall be disregarded;
(d): if the eligible pensioner was an officer immediately before his retirement and retired:

(i): before the commencement of the Defence Forces Retirement Benefits Act 1959 ;
(ii): after attaining the retiring age for the rank held by him immediately before his retirement; and
(iii): before attaining the age of sixty years,

(e): if the eligible pensioner was not an officer immediately before his retirement and retired:

(i): before the commencement of the Defence Forces Retirement Benefits Act 1959 ;
(ii): after attaining the retiring age for the rank held by him immediately before his retirement;
(iii): before attaining the age of sixty years; and
(iv): after completing twenty years' service for pension,

the number of years of service for pension completed by him immediately before his retirement shall be deemed to be twenty years or such number of years of service for pension as had been completed by him immediately before he attained the retiring age for the rank held by him immediately before his retirement, whichever is the greater.

(4): A reference in this Act to the Defence Forces Retirement Benefits Act 1948 shall, unless the contrary intention appears, be read as a reference to that Act as amended and in force from time to time.
(5): Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948-1971 have, in this Act, unless the contrary intention appears, the same respective meanings as they have in the Defence Forces Retirement Benefits Act 1948-1971 .
(6): For the purposes of this Act, an eligible pensioner who is in receipt of a deferred pension shall be deemed to have retired on the day immediately preceding the day on which the deferred pension became payable and there shall be deemed to have been applicable to him on that day such maximum rate of annual pay as the Minister for Finance determines to be the rate that, as at that day, corresponded with the maximum rate of annual pay that was applicable to him immediately before he ceased to be a member.

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