Commonwealth Numbered Acts

DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT 49

49. (1) This section applies to a person who-

   (a)  was a member of the Defence Force;

   (b)  had, before the date of commencement of this section (in this section
referred to as the ''commencing date'') retired entitled to retirement pay;
and

   (c)  had made an election under section 44 of the Defence Forces Retirement
        Benefits Act 1959, section 28 of the Defence Forces Retirement
        Benefits Act 1962 or section 38, 61A or 61B of the Defence Forces
        Retirement Benefits Act 1963.

(2) A person to whom this section applies, or, if he has died before the
commencing date, such other person as the Authority thinks appropriate, may,
by notice in writing given to the Authority within 90 days after that date, or
within such further period as the Authority, in special circumstances, allows,
whether or not any election (in this section referred to as a ''former
election'') has been made before that date under sub-section 25 (3) of the
Principal Act by or in relation to the first-mentioned person, elect that the
succeeding provisions of this section apply to and in relation to the
first-mentioned person.

(3) Subject to sub-section (5), where-

   (a)  an election is made under sub-section (2); and

   (b)  the person by whom or in relation to whom the election referred to in
        paragraph (a) was made is a person by whom or in relation to whom a
        former election was made, pension benefit shall be deemed to have
        been, and to be, payable, in pursuance of that former election, to the
        person, his widow or his child at the rate at which it would, from
        time to time, have been, or be, payable to the person, his widow or
        his child if sub-section 25 (2A) of the Principal Act as amended by
        this Act had been in force at the time of the former election.

(4) Subject to sub-section (5), where-

   (a)  an election is made under sub-section (2); and

   (b)  the person by whom or in relation to whom the election referred to in
        paragraph (a) was made is not a person by whom or in relation to whom
        a former election was made, pension benefit shall be deemed to have
        been, and to be, payable to the person, his widow or his child at the
        rate at which it would, from time to time, have been, or be, payable
        to the person, his widow or his child if an election under sub-section
        25 (3) of the Principal Act had been made by the person at the time of
        his retirement and if sub-section 25 (2A) of the Principal Act as
        amended by this Act had been in force at that time.

(5) Where the Authority so determines, an election under sub- section (2) is
of no effect, unless the person making the election pays to the Commonwealth a
contribution under this sub-section that the Authority determines as being
appropriate in the circumstances or arrangements satisfactory to the Authority
are made for the payment of that contribution to the Commonwealth.