DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - made under the Defence Forces Retirement Benefits Act 1948 - TABLE OF PROVISIONS 1. Citation see Note 1] 2. Interpretation 5. Payment of pensions and lump sum payments 7. Evidence as to pensioners 7A. Amount specified for the purposes of section 4A 8C. Prescribed number applicable to contributors 15. Commutation of pension 16. False information 17. Application of the Act to certain persons serving in the Citizen Air Force at commencement of Act 18. Application of the Act to certain members of the Permanent Naval Forces 20. Application of the Act to certain members of the Military Forces 21. Retiring ages and pensions for certain classes of members SCHEDULE 3 DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 1 Citation see Note 1] These Regulations may be cited as the Defence Forces Retirement Benefits Regulations. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 2 Interpretation In these Regulations, unless the contrary intention appears: Act means the Defence Forces Retirement Benefits Act 1948. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 5 Payment of pensions and lump sum payments Pensions and lump sum payments granted under the Act must be authorised for payment in accordance with the Finance Regulations. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 7 Evidence as to pensioners As and when required by the Authority: (a) a pensioner to whom, or in respect of whom, pension payments are being made shall submit evidence satisfactory to the Authority that he is alive; and (c) a person in receipt of a child's pension shall submit evidence satisfactory to the Authority that the child is still alive and is in his care, and is being maintained by him. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 7A Amount specified for the purposes of section 4A The amount specified for the purposes of section 4A of the Act is $9,620. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 8C Prescribed number applicable to contributors (1) The number 19 is specified as the number applicable for the purposes of section 58A of the Act to male members who ceased to be members on or after 19 December 1969 and before 11 September 1970. (2) For the purposes of subsection 58A (2) of the Act the number 20 is specified as the number applicable to male members who ceased to be members on or after 11 September 1970 and before 1 January 1971. (3) For the purposes of subsection 58A (2) of the Act: (a) the number 21 is specified as the number applicable to male members; and (b) the number 18 is specified as the number applicable to female members; who ceased to be members on or after 1 January 1971 and before 27 August 1971. (4) For the purposes of subsection 58A (2) of the Act: (a) the number 22 is specified as the number applicable to male members; and (b) the number 19 is specified as the number applicable to female members; who ceased to be members on or after 27 August 1971 and before 1 January 1972. (5) For the purposes of subsection 58A (2) of the Act, the number 22 is specified as the number applicable to male or female members who ceased or cease to be members on or after 1 January 1972. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 15 Commutation of pension (1) A pensioner who is in receipt of a pension in accordance with section 52, 55, 57, 58 or 73 of the Act shall not be permitted to commute any portion of the pension. (1A) A pensioner who is in receipt of a pension under Division 3 of Part VIC of the Act: (a) by reason of the operation of paragraph 82ZB (2) (a) of the Act; or (b) by reason of the operation of subsection 82Y (1) of the Act as the result of the death of a person; shall not be permitted to commute any portion of the pension. (2) A pensioner shall not be permitted to commute any portion of the pension which would be payable after his death to his widow and surviving children, if any. (5) An application for commutation of pension shall be made in writing to the Authority, and shall be deemed to be made as at the date on which the application is received at the offices of the Authority during the hours of public business, or the date upon which payment of the pension commences, whichever is the later. (6) A pensioner who has made application for commutation of pension shall furnish to the Authority such information as the Authority requires (including information as to his health and habits and his intention in obtaining the commutation) and shall, if the Authority so directs, submit himself for personal examination by an Australian Government Medical Officer nominated by the Authority. (7) If a pensioner fails to furnish information or submit himself for examination, in accordance with a requirement or direction given in pursuance of subregulation (6), within a period of 2 calendar months after the date of that requirement or direction, the Authority may treat the application as having been withdrawn. (8) A pensioner who has made application for commutation shall continue to draw his full pension until the date upon which the Authority grants the application for commutation. (9) The basis of the commutation in the case of a pensioner who is regarded by the Authority as a first class life shall be as follows: (a) That portion of the pension which has been provided by the contributions paid by the pensioner during his service shall be commuted first. (b) The calculation in respect of the commutation shall be made as at the day on which the Authority gives its approval to the commutation. (c) The factor to be applied to the annual amount of pension which is to be commuted shall be that shown in Schedule 2 according to the age next birthday of the pensioner as determined by the Authority. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 16 False information A person shall not make any false or misleading statement in any information required or given for the purpose of, or in connexion with any matter arising under, the Act or these Regulations. Penalty: $100. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 17 Application of the Act to certain persons serving in the Citizen Air Force at commencement of Act (1) The provisions of the Act shall apply to and in respect of any person who, immediately prior to the commencement of the Act: (a) was a serving member of the Citizen Air Force; and (b) by virtue of regulation 128 of the National Security (Supplementary) Regulations, was, or was deemed to be, an employee within the meaning of section 60A of the Superannuation Act 1922-1947; as if that person were a `member' as defined in section 4 of the Act. (2) The continuous full-time service as a member of the Citizen Air Force of a person to whom subregulation (1) applies shall be deemed to be service for pension for the purposes of the Act. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 18 Application of the Act to certain members of the Permanent Naval Forces (1) The provisions of the Act shall apply to and in respect of any person who: (a) was a rating in the Permanent Naval Forces prior to 3 September 1939; (b) was subsequently, without a break in the continuity of his service, appointed an officer for temporary service in the Permanent Naval Forces; and (c) was subsequently, without a break in the continuity of his service, appointed an officer of the Permanent Naval Forces. (2) The continuous full-time service as an officer appointed for temporary service in the Permanent Naval Forces of a person to whom subregulation (1) applies shall be deemed to be service for pension for the purposes of the Act. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 20 Application of the Act to certain members of the Military Forces (1) Subject to this regulation, the provisions of the Act apply to, and in respect of, a person who: (a) immediately prior to the commencement of the Defence Forces Retirement Benefits Act 1948 was an employee within the meaning of section 60A of the Superannuation Act 1922-1947 and a contributor to the Superannuation Fund established under that Act; (b) served on continuous full-time duty as a member of a part of the Permanent Military Forces other than the Australian Regular Army from the commencement of the Defence Forces Retirement Benefits Act 1948 to the commencement of this regulation; and (c) without breaking the continuity of his service, continues to serve after the commencement of this regulation on continuous full-time duty as a member of the Permanent Military Forces or the Permanent Forces. (2) Subject to subregulation (3), the continuous full-time service after attaining the age of 20 years of a person to whom this regulation applies shall be deemed to be service for pension for the purposes of the Act. (3) The continuous full-time service after attaining the age of 20 years of a person to whom this regulation applies before the date upon which the person became an employee within the meaning of section 60A of the Superannuation Act 1922-1947 which would not be service for pension within the meaning of section 75 of the Act, if that person was a serving member within the meaning of that section, shall not be deemed to be service for pension for the purposes of the Act. (4) For the purposes of the Act and these Regulations, the rank of a person to whom this regulation applies who is an officer in a part of the Permanent Military Forces other than the Australian Regular Army, or an officer in a part of the Permanent Forces other than the Australian Army, shall be deemed to be the substantive rank which he would have held from time to time if he had continued to serve as a soldier during the period that he serves as an officer. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 21 Retiring ages and pensions for certain classes of members (1) For the purposes of the definition of retiring age for the rank held in subsection 4 (1) of the Act, the age for the compulsory retirement of a member is: (a) in the case of a member who is a member of a branch or service, or a member of the Permanent Forces whose name is included on a list, specified in column 1 of Schedule 3 and who holds a rank specified or referred to opposite to that branch, service or list in column 2 of that Schedule -- the age specified opposite to that rank in column 3 of that Schedule; (aa) in the case of a member who is a chaplain of the Air Force, other than a chaplain who holds an appointment of Principal Air Chaplain: (i) if his length of service in the rank of chaplain will exceed 18 years upon his attaining the age of 55 years -- 57 years; or (ii) if his length of service in that rank will not exceed 18 years upon his attaining the age of 55 years -- 55 years; and (b) in the case of a member, not being a member referred to in a preceding paragraph of this subregulation -- the age for compulsory retirement of a member of the rank, branch and group of the member as prescribed, at the date of his retirement: (i) in the case of the Navy -- under section 17 of the Naval Defence Act 1910-1968; (ii) in the case of the Army -- under section 27 of the Defence Act 1903-1966; and (iii) in the case of the Air Force -- under section 9 of the Air Force Act 1923-1965. (2) The pension or benefit payable to or in respect of a member of the Permanent Naval Forces who holds, on the date of commencement of this regulation, the rank of Chief Inspector in the Naval Ordinance Design and Inspection Branch and who continues to hold that rank in that branch until he ceases to be a member is the pension or benefit to which the member would have been entitled under the Act if he had held the rank of Captain (Special Rate) on ceasing to be a member. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONSThe Schedules Schedule 2 Factors for commutation of pension under section 74 (regulation 15) Table I Male Pensioners Age next Birthday Factor per $1 of Annual Pension 36 16.715 37 16.506 38 16.292 39 16.071 40 15.846 41 15.615 42 15.378 43 15.136 44 14.886 45 14.633 46 14.372 47 14.109 48 13.841 49 13.568 50 13.292 51 13.010 52 12.725 53 12.436 54 12.142 55 11.845 56 11.547 57 11.248 Table II Female Pensioners Age next Birthday Factor per $1 of Annual Pension 40 16.997 41 16.804 42 16.608 43 16.403 44 16.192 45 15.974 46 15.748 47 15.517 48 15.279 49 15.036 50 14.788 51 14.536 52 14.277 53 14.015 54 13.747 55 13.475 56 13.198 57 12.916 DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - SCHEDULE 3 (regulation 21) Column 1Branch or Service Column 2Rank Column 3Retiring Age Permanent Naval Forces -- General List (Seaman Specialization) [GRAPHIC]Vice-Admiral Rear-Admiral 60 years 57 years Naval Ordnance Design and Inspection Branch Chief Inspector 57 years Naval Police [GRAPHIC]Superintendent Sub-Inspector 55 years 55 years A Branch other than the Naval Police Warrant Officer or a lower rank 55 years Women's Royal Australian Naval Service [GRAPHIC]Chief Officer First Officer Second Officer Third Officer Other Ranks 55 years 50 years 50 years 50 years 50 years Royal Australian Naval Nursing Service [GRAPHIC]Matron Superintending Sister Senior Sister Sister 55 years 55 years 55 years 55 years Permanent Military Forces -- Special List for the Australian Staff Corps [GRAPHIC]Lieutenant-Colonel Major Captain Lieutenant 53 years 53 years 53 years 53 years Special List for the Royal Australian Army Ordnance Corps [GRAPHIC]Major Captain Lieutenant 53 years 53 years 53 years Special List for the Royal Corps of Australian Electrical and Mechanical Engineers [GRAPHIC]Major Captain Lieutenant 53 years 53 years 53 years Administrative and Technical Officers List of a Corps [GRAPHIC]Lieutenant-Colonel Major Captain Lieutenant 55 years 55 years 55 years 55 years Printing and Stationery Service [GRAPHIC]Colonel Lieutenant-Colonel Major Captain 57 years 55 years 55 years 55 years Army Canteens Service [GRAPHIC]Major-General Brigadier Colonel Lieutenant-Colonel Major Captain Lieutenant Second Lieutenant 60 years 57 years 57 years 55 years 55 years 55 years 55 years 55 years Royal Australian Army Nursing Corps [GRAPHIC]Colonel Lieutenant-Colonel Major Captain Lieutenant 55 years 55 years 55 years 55 years 55 years Women's Royal Australian Army Corps [GRAPHIC]Colonel Lieutenant-Colonel Major Captain Lieutenant Other ranks 55 years 55 years 55 years 50 years 50 years 50 years Permanent Air Force -- General Duties Branch [GRAPHIC]Air Marshal Air Vice-Marshal Air Commodore Group Captain Wing Commander Squadron Leader Flight Lieutenant 60 years 57 years 55 years 55 years 50 years 47 years 45 years Any Branch, other than the General Duties Branch [GRAPHIC]Air Vice-Marshal Group Captain Wing Commander Squadron Leader Flight Lieutenant Principal Air Chaplain 60 years 57 years 55 years 55 years 55 years 58 years Women's Royal Australian Air Force [GRAPHIC]Group Officer Wing Officer Squadron Officer Flight Officer Section Officer Other ranks 55 years 55 years 50 years 50 years 50 years 50 years DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - NOTES Compilation Information [GRAPHIC]Defence Forces Retirement Benefits Regulations Statutory Rules 1949 No. 60 as amended This compilation was prepared on 1 December 2002taking into account amendments up to SR 2002 No. 278 Prepared by the Office of Legislative Drafting,Attorney-General's Department, Canberra DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - NOTES DEFENCE FORCES RETIREMENT BENEFITS REGULATIONSNotes to the Defence Forces Retirement Benefits Regulations Note 1 The Defence Forces Retirement Benefits Regulations (in force under the Defence Forces Retirement Benefits Act 1948) as shown in this compilation comprise Statutory Rules 1949 No. 60 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date of notification in Gazette Date ofcommencement Application, saving ortransitional provisions 1949 No. 60 15 Sept 1949 15 Sept 1949 1950 No. 14 23 Mar 1950 23 Mar 1950 -- 1951 No. 111 28 Sept 1951 28 Sept 1951 -- 1954 No. 4 28 Jan 1954 R. 3:13 Aug 1952Remainder: 28 Jan 1954 -- 1954 No. 33 14 Apr 1954 14 Apr 1954 -- 1955 No. 14 15 Feb 1955 15 Feb 1955 R. 2 1955 No. 45 23 June 1955 23 June 1955 -- 1956 No. 25 22 Mar 1956 1 Jan 1956 -- 1959 No. 104 14 Dec 1959 14 Dec 1959 -- 1964 No. 84 9 July 1964 9 July 1964 -- 1964 No. 114 (a) 28 Aug 1964 26 June 1964 -- 1964 No. 162 29 Dec 1964 29 Dec 1964 -- 1965 No. 6 18 Jan 1965 18 Jan 1965 -- 1965 No. 37 25 Mar 1965 25 Mar 1965 -- 1965 No. 161 (b) 15 Nov 1965 R. 1: 9 July 1965Remainder: 15 Nov 1965 -- 1966 No. 39 10 Feb 1966 14 Feb 1966 -- 1966 No. 97 23 June 1966 23 June 1966 -- 1966 No. 134 (b) 22 Sept 1966 22 Sept 1966 R. 2 1967 No. 26 (b) 9 Mar 1967 9 Mar 1967 R. 2 1968 No. 80 19 July 1968 19 July 1968 (see r. 1 and Gazette 1968, p. 3801) -- 1969 No. 8 31 Jan 1969 31 Jan 1969 -- 1969 No. 48 (b) 2 Apr 1969 2 Apr 1969 R. 2 1969 No. 130 21 Aug 1969 21 Aug 1969 R. 4 1970 No. 55 (b) 17 Apr 1970 17 Apr 1970 R. 2 1970 No. 161 22 Oct 1970 22 Oct 1970 -- 1971 No. 66 27 May 1971 27 May 1971 R. 2 1971 No. 71 17 June 1971 17 June 1971 -- 1971 No. 74 24 June 1971 24 June 1971 R. 2 1971 No. 127 16 Sept 1971 16 Sept 1971 -- 1972 No. 34 16 Mar 1972 16 Mar 1972 -- 1972 No. 140 24 Aug 1972 24 Aug 1972 -- 1972 No. 152 (b) 7 Sept 1972 7 Sept 1972 R. 2 1972 No. 157 28 Sept 1972 28 Sept 1972 -- 1976 No. 28 3 Feb 1976 9 Feb 1976 -- 1992 No. 93 14 Apr 1992 14 Apr 1992 -- 2002 No. 278 21 Nov 2002 1 Dec 2002 -- (a) The form of introductory words used to make Statutory Rules 1964 No. 114 was as follows: WHEREAS it is provided by subsection (4) of section four A of the Defence Forces Retirement Benefits Act 1948-1963 that, in that section, the prescribed amount means the amount of Two thousand six hundred pounds or such other amount, being a multiple of Sixty-five pounds, as is specified in the regulations for the purposes of that section: AND WHEREAS it is provided by subsection (5) of that section that, in making a regulation for the purposes of subsection (4) of that section, the Governor-General shall have regard to any general variations in the rates of annual pay of members that have occurred: AND WHEREAS it is provided by section sixteen A of the Acts Interpretation Act 1901-1964 that where, in an Act, the Governor-General is referred to, the reference shall, unless the contrary intention appears, be deemed to include the person for the time being administering the Government of the Commonwealth and shall, unless the contrary intention appears, be read as referring to a person so deemed to be included in the reference acting with the advice of the Federal Executive Council: NOW THEREFORE I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and having regard to general variations in the rates of annual pay of members that have occurred, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1963. (b) The form of introductory words used to make Statutory Rules 1972 No. 152 was as follows: WHEREAS it is provided by subsection (4) of section 4A of the Defence Forces Retirement Benefits Act 1948-1971 that, in that section, the prescribed amount means such amount, being a multiple of One hundred and thirty dollars, as is specified in the regulations for the purposes of that section: AND WHEREAS it is provided by subsection (5) of that section that, in making a regulation for the purposes of subsection (4) of that section, the Governor-General shall have regard to any general variations in the rates of annual pay of members that have occurred: NOW THEREFORE I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council and having regard to general variations in the rates of annual pay of members that have occured, hereby make the following Regulations under the Defence Forces Retirement Benefits Act 1948-1971. The form of introductory words used to make Statutory Rules 1965 No. 161, 1966 No. 134, 1967 No. 26, 1969 No. 48 and 1970 No. 55 was similar to the form set out above. DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - NOTES Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 2 am. 1965 No. 37 rs. 1992 No. 93 R. 2A ad. 1968 No. 80 rep. 1969 No. 8 R. 3 rep. 1992 No. 93 R. 4 rs. 1966 No. 39 rep. 1992 No. 93 R. 5 rs. 1992 No. 93 R. 6 am. 1976 No. 28 rep. 1992 No. 93 R. 7 am. 1976 No. 28; 1992 No. 93 R. 7A ad. 1964 No. 114 am. 1965 No. 161 rep. 1966 No. 39 ad. 1966 No. 97 rs. 1966 No. 134; 1967 No. 26; 1969 Nos. 48 and 130; 1970 No. 55; 1971 Nos. 66 and 74; 1972 Nos. 152 and 157 am. 1976 No. 28 R. 8 rs. 1956 No. 25 am. 1976 No. 28 rep. 1992 No. 93 R. 8A ad. 1956 No. 25 am. 1976 No. 28 rep. 1992 No. 93 R. 8B ad. 1969 No. 8 am. 1976 No. 28 rep. 1992 No. 93 R. 8C ad. 1970 No. 161 am. 1971 No. 127; 1972 No. 34; 1976 No. 28 R. 9 am. 1954 No. 4; 1976 No. 28 rep. 1992 No. 93 R. 10 rs. 1950 No. 14 am. 1951 No. 111 rs. 1954 No. 4 am. 1955 No. 45 rs. 1964 No. 84 am. 1965 No. 6; 1976 No. 28 rep. 1992 No. 93 R. 10A ad. 1969 No. 8 am. 1969 No. 130; 1972 No. 140; 1976 No. 28 rep. 1992 No. 93 Rr. 11-13 am. 1976 No. 28 rep. 1992 No. 93 R. 14 rep. 1966 No. 39 R. 15 am. 1955 No. 45; 1971 No. 71; 1976 No. 28 R. 15A ad. 1964 No. 84 rep. 1992 No. 93 R. 16 am. 1966 No. 39; 1976 No. 28 Rr. 17, 18 am. 1976 No. 28 R. 19 ad. 1950 No. 14 rep. 1955 No. 45 R. 20 ad. 1951 No. 111 rs. 1954 No. 4 am. 1976 No. 28; 2002 No. 278 R. 21 ad. 1951 No. 111 am. 1954 No. 4 rs. 1955 No. 14 am. 1955 No. 45 rs. 1959 No. 104 am. 1965 No. 161; 1968 No. 80; 1970 No. 161; 1976 No. 28; 2002 No. 278 R. 22 ad. 1951 No. 111 rep. 1955 No. 14 R. 23 ad. 1951 No. 111 rep. 1955 No. 45 R. 24 ad. 1954 No. 4 am. 1976 No. 28 rep. 1992 No. 93 First Schedule rep. 1966 No. 39 Heading to Second Schedule rep. 1976 No. 28 Heading to Schedule 2 ad. 1976 No. 28 Second Schedule rs. 1951 No. 111 am. 1965 No. 161; 1966 No. 39 Heading to Third Schedule rep. 1976 No. 28 Heading to Schedule 3 ad. 1976 No. 28 Third Schedule ad. 1951 No. 111 am. 1954 Nos. 4 and 33 rep. 1955 No. 45 ad. 1959 No. 104 am. 1964 Nos. 84 and 162; 1965 No. 161; 1969 No. 130; 1970 No. 161; 1972 No. 140