Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 No. 81 of 1973 - SECT 89

89. (1) Subject to this section, where an eligible member of the Defence
Force, not being an existing contributor, had, before 1st October, 1972,
served as a member of the Defence Force on continuous full-time service for a
period of not less than one year, he may, by notice in writing given to the
Authority within a period of ninety days after the date upon which this Act
receives the Royal Assent or of the date on which he first became an eligible
member of the Defence Force, whichever last occurs, or within such further
period as the Authority, in special circumstances, allows, elect to have that
period of service, or such part of that period as he specifies in the
election, taken into account as qualifying service under this Act.

(2) Subject to this section, where an eligible member of the Defence Force,
being an existing contributor, had, before 1st October, 1972-

   (a)  served as a member of the Defence Force on continuous full-time
        service for a period of not less than one year, being a period that is
        not, or is not included in, a
        period of previous contributory qualifying service of the member; or

   (b)  served as a member of the Defence Force on continuous full-time
        service for a period of less than one year, being a period that is
        not, or is not included in, a
        period of previous contributory qualifying service of the member but
        which is continuous with such a period, he may, by notice in writing
        given to the Authority, within a period of ninety days after the day
        on which this Act receives the Royal Assent, or within such further
        period as the Authority, in special circumstances, allows, elect to
        have the period during which he so served, or such part of that period
        as he specifies in the election, taken into account as qualifying
        service under this Act.

(3) An eligible member of the Defence Force is not entitled to make an
election under sub-section (1) or (2) in respect of any period which, if this
Act had come into operation on the day on which he first became a member of
the Defence Force, would have been a period of non- effective service in
relation to him.

(4) Where, under sub-section (1) or sub-section (2), an eligible member of
the Defence Force has elected to have a period of service before 1st October,
1972, taken into account as qualifying service under this Act, he shall pay an
additional contribution to the Commonwealth under this section, which shall
be-

   (a)  if he is an existing contributor and he has served continuously as a
        member of the Defence Force from the commencement of the period to
        which the election relates until 1st October, 1972, and became a
        contributor under the previous Act upon the termination of the period
        to which the election relates-an amount equal to five and one-half per
        centum of the amount of pay that the Authority determines would have
        been the pay received by him in respect of the period to which the
        election relates if, from time to time during that period, his rate of
        pay had been the maximum rate of pay payable to persons of the rank,
        branch and group that was from time to time applicable to him during
        that period, or such other rate of pay as the Authority determines as
        being appropriate in the circumstances; and

   (b)  in any other case-an amount equal to five and one-half per centum of
        the amount of pay that would have been payable to him in respect of
        the period to which the election relates if, at all times during that
        period, his annual rate of pay had been the annual rate of pay
        applicable to him at the time when he became an
        eligible member of the Defence Force or such other annual rate of pay
        as the Authority approves in the circumstances.

(5) A person is not entitled to make an election under this section in respect
of any period in respect of which he is entitled to make an election under
section 93.

(6) An election under sub-section (1) or (2) is of no effect unless, at the
time when the election is made, or, within such period after that time as the
Authority, in special circumstances, allows, there is refunded to the
Commonwealth, or arrangements satisfactory to the Authority are made for there
to be refunded to the Commonwealth, any payment of a prescribed kind (being a
payment of, or in the nature of, a gratuity or bounty, or deferred pay) paid
to the person under the previous legislation, or under legislation relating to
conditions of service of members of the Defence Force, in respect of the
period to which the election relates.
(7) In this section, ''eligible member of the Defence Force'' includes a
person who, at any time during the transitional period, was an eligible member
of the Defence Force.