Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS (PENSION INCREASES) ACT 1971 - SECT 9

(1)

Section 74 of the Defence Forces Retirement Benefits Act 1948-1971 does not authorize the commutation of a pension in so far as the pension has been increased by virtue of this Act.

(2)

Where, on or after the commencing date, a portion of the pension of an eligible pensioner who is entitled to an increase in the rate of his pension under the preceding provisions of this Act is commuted, then, on and after the date on which that portion of his pension is so commuted, he is, subject to this Act, in lieu of the increase to which, but for this section, he would have been entitled in accordance with those provisions, entitled to an increase that bears to the increase to which he would have been so entitled the same proportion as the rate at which pension would have been payable to him immediately before the commencing date if he had commuted that portion of his pension before that date bears to the rate at which pension was so payable immediately before the commencing date.

(3)

The operation of section 69 of the Defence Forces Retirement Benefits Act 1948 shall be disregarded for the purposes of the last preceding subsection.