Commonwealth Consolidated Regulations

DEFENCE FORCES RETIREMENT BENEFITS REGULATIONS - REG 20

(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.