Commonwealth Consolidated Regulations

DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 15

(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calendar months after the date of that requirement or direction, the Authority may treat the application as having been withdrawn.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.