Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 No. 81 of 1973 - SECT 69

69. (1) Where a person who becomes a contributing member has, at any time
before becoming a member, been in employment within or outside Australia upon
the termination of which a transfer value became payable to or in respect of
him on or after 25th May, 1971, under a superannuation scheme applicable in
relation to that employment, and-

   (a)  the member, by notice in writing given to the Authority within a
        period of ninety days after the date on which he becomes a
        contributing member, or within such further period as the Authority,
        in special circumstances, allows, elects to pay to the Commonwealth an
        amount equal to the amount of that transfer value or, if two or more
        transfer values became payable, the sum of the amounts of those
        transfer values; and

   (b)  that amount is, before the expiration of that period of ninety days or
        that further period, as the case may be, paid to the Commonwealth, the
        succeeding provisions of this section have effect.

(2) So much of the amount paid to the Commonwealth as is equal to the employee
component of the transfer value, or to the sum of the employee components of
the transfer values, as the case may be, shall, to the extent to which it was
payable to the member upon the termination of the employment in respect of
which the transfer value or any of the transfer values became payable
irrespective of whether he engaged in further employment, be deemed, for the
purposes of this Act, to be contributions paid to the Commonwealth by the
member under section 17.

(3) The total period of effective service of a contributing member referred to
in sub-section (1) of this section, or of a contributing member in respect of
whom a transfer value was paid to the Board under section 82R of the
previous Act, shall be deemed to be increased by such period as is determined
by the Authority, having regard to such matters as are prescribed for the
purposes of this section, as being appropriate.

(4) If-

   (a)  under the superannuation scheme applicable in relation to any previous
        employment of the person, the whole or any part of the employer
        component of a transfer value was payable to the contributing member
        upon the termination of that employment irrespective of whether he
        engaged in further employment; and

   (b)  the contributing member ceases to be an eligible member of the Defence
        Force and benefit is payable to him under sub-section 32 (2) or under
        section 48 or 56, so much of the amount paid to the Commonwealth under
        sub-section (1) as is equal to the employer component of the transfer
        value or to that part of that employer component, as the case may be,
        is payable to or in respect of him.

(5) For the purposes of this section-

   (a)  the employee component of a transfer value payable to or in respect of
        a person is the part (if any) of that transfer value that was based
        upon contributions made by the person; and

   (b)  the employer component of a transfer value payable to or in respect of
        a person is the part of that transfer value that was based upon
        contributions by an employer or employers of the person.