Commonwealth Numbered Acts

DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT (No. 2) 1977 No. 161 of 1977 - SECT 9

9. After section 63 of the Principal Act the following section is inserted:
Special grant of pension
''64. (1) If, at any time after the date of commencement of this section (in
this section referred to as the 'commencing date'), a pension is not payable
under section 57 of this Act to a person to whom a pension benefit would be
payable at that time under Division 1 of Part VI of the Defence Force 
Retirement and Death Benefits Act 1973 , were that Act, as amended and in
force on the commencing date, to have been in force before a deceased
pensioner (including a pensioner who died before the commencing date) ceased
to be a member and were the deceased pensioner to have been, at the time of
his death, a recipient member under that Act as so amended and in force, the
Authority may grant, from such date as it specifies, a pension to the person
at such rate and on such conditions as the Authority, having regard to such
matters (if any) as are prescribed and such other matters as it considers
relevant, determines.

''(2) If, at any time after the commencing date, a pension is not payable
under section 55 or section 57 of this Act in respect of a person to whom a
pension benefit would be payable at that time under section 42 of the Defence
Force Retirement and Death Benefits Act 1973, were that Act, as amended and in
force on the commencing date, to have been in force before the death of a
deceased contributor or the retirement of a deceased pensioner (including a
pensioner who died before the commencing date) and were the deceased
contributor to have been, at the time of his death, a contributing member, or
the deceased pensioner to have been, at the time of his retirement, a
recipient member, under that Act as so amended and in force, the Authority may
grant, from such date as it specifies, a pension to the person at such rate
and on such conditions as the Authority, having regard to such matters (if
any) as are prescribed, and such matters as it considers relevant, determines.

''(3) If, at any time after the commencing date, a pension is not payable
under section 55, 57 or 58 of this Act in respect of a person to whom a
pension benefit would be payable at that time under section 43 of the Defence
Force Retirement and Death Benefits Act 1973, were that Act, as amended and in
force on the commencing date, to have been in force before the death of a
deceased contributor or the retirement of a deceased pensioner (including a
pensioner who died before the commencing date) and were the deceased
contributor to have been, at the time of his death, a contributing member, or
the deceased pensioner to have been, at the time of his retirement, a
recipient member, under that Act as so amended and in force, the Authority may
grant, from such date as it specifies, pension to the person at such rate and
on such conditions as the Authority, having regard to such matters (if any) as
are prescribed and such other matters as it considers relevant, determines.

''(4) A date specified by the Authority under sub-section (1), (2) or (3) in
relation to the granting of an entitlement to pension shall not, unless the
Authority is satisfied that special circumstances exist that justify an
earlier date being so specified, be a date earlier than the date upon which
the grant is made, and shall not, in any event, be a date earlier than the
commencing date.

''(5) A determination by the Authority for the purpose of sub- section (1),
(2) or (3) shall be in writing.

''(6) Where, at any time before the commencing date, a pension has been paid
to a person under section 57 as the widow of a deceased pensioner, the
Authority shall not, under sub-section (1) of this section, grant a pension to
any other person in respect of that deceased pensioner.

''(7) The Authority shall not, under sub-section (1), grant a pension to a
person unless the Authority, having regard to such matters (if any) as are
prescribed and such other matters as it considers relevant, is satisfied that
the person is in necessitous circumstances or that the grant of the pension is
otherwise warranted.

''(8) The Authority shall not, under sub-section (1), grant a pension to a
female person in relation to a deceased male pensioner from a specified date
at a rate that exceeds the rate at which pension would have been payable from
that specified date to the person under this Act had the person been, for the
purposes of this Act as amended and in force at the date of death of the
deceased pensioner, the widow of the deceased pensioner.

''(9) The Authority shall not, under sub-section (1), grant a pension to a
male person in relation to a deceased female pensioner from a specified date
at a rate that exceeds the rate at which a pension would have been payable
from that specified date to the person under this Act had the deceased
pensioner been a male pensioner and had the person been, for the purposes of
this Act as amended and in force at the date of death of the deceased
pensioner, the widow of the deceased pensioner.

''(10) The Authority shall not, under sub-section (2), grant a pension to a
person in relation to a deceased contributor or a deceased pensioner from a
specified date at a rate that exceeds the rate at which pension would have
been payable from that specified date in respect of that person under this Act
had the person been, for the purposes of this Act as amended and in force at,
and at all times after, the date of death of the deceased contributor or the
deceased pensioner, the child of the deceased contributor or the deceased
pensioner and an eligible child.

''(11) The Authority shall not, under sub-section (3), grant a pension to a
person in relation to a deceased contributor or a deceased pensioner from a
specified date at a rate that exceeds the rate at which pension would have
been payable from that specified date in respect of that person under this
Act, had the person been, for the purposes of this Act as amended and in force
at, and at all times after, the date of death of the deceased contributor or
the deceased pensioner, the child of the deceased contributor or the deceased
pensioner and an eligible child and had the person become, at the time when he
would, in the circumstances set out in sub-section (3) have first become
entitled, as an eligible orphan, to pension benefit in section 43 of the
Defence Force Retirement and Death Benefits Act 1973, entitled to pension
under sub-section (2) of section 55, sub-section (4) of section 57, or
sub-section (1) of section 58, of this Act.

''(12) Where a pensioner dies on or after the commencing date and a pension is
paid to a person, under section 57, as a widow of the pensioner, then, during
the period that the pension continues to be paid, for the purpose of
calculating the maximum rate of pension payable under sub-section (1) to
another person but not for the purpose of calculating the maximum rate of
pension payable under sub-section (2) or (3) to another person, this Act has
effect as if the reference in paragraph (a) of sub-section (1) of section 57
to five-eighths were a reference to three-eighths.

''(13) The grant by the Authority, under this section, of a pension to a
person does not effect the entitlement of any other person under this Act to a
pension that is payable otherwise than by virtue of a grant of a pension under
this section or the rate of such a pension.''.