Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 84

84. Section 25 of the Principal Act is amended-
(a) by omitting from paragraph (a) of the definition of "previous pension
percentage of pay" in sub-section (1) all the words after "sub-paragraph (2)
(d) (i)-" and substituting-

"(i) in the case of a person who was, on 30 September 1972, an officer of the
Permanent Forces-he had, on that date, attained the retiring age for the rank
held by him on that date; or

        (ii)   in the case of a person who was, on that date, a non-Permanent
               Forces officer as defined in section 54A of the previous Act-he
               had, on that date-

                (A)  retired with the rank held by him on that date; and

                (B)  reached the age that was his age on the date of his
                     retirement,
and had, on 30 September 1972, completed a number of years of service for
pension equal to the number of years of service for pension completed by him
on his retirement; or";

   (b)  by omitting from sub-section (1) the definition of "retiring age for
        the rank held" and substituting the following definition:



" 'retiring age for the rank held' has the same meaning as it would have in
the definition of 'retiring age for the rank held' in sub-section 4 (1) of the
previous Act if the reference in that definition to the date of a member's
retirement were a reference to 30 September 1972;";

   (c)  by omitting from the definition of "service for pension" in
        sub-section (1) "Defence Forces Retirement Benefits Act 1948-1971" and
        substituting "previous Act";

   (d)  by inserting after sub-section 25 (2) the following sub-section:



"(2AA) For the purposes of sub-paragraph (2) (d) (ii)-

   (a)  a reference in sub-paragraph 39 (2) (b) (ii) or (2) (c) (ii) of the
        previous Act to the rank held by an officer shall be read as a
        reference to the rank held by the officer on 30 September 1972;

   (b)  the reference in sub-paragraph 39 (2) (c) (i) of the previous Act to
        the rank of an officer at the date of his retirement shall be read as
        a reference to the rank of the officer on 30 September 1972; and

   (c)  a reference in sub-paragraph 39 (2) (b) (ii) or (2) (c) (ii) of the
        previous Act to the retiring age for the rank held shall be read as a
        reference to the retiring age for the rank held within the meaning of
        this section."; and

   (e)  by omitting sub-section (5) and substituting the following
        sub-section:



"(5) In the application of this section to a person who was, on 30 September
1972, a non-Permanent Forces officer as defined by section 54A of the previous
Act, the retiring age for the rank held shall be the age that would be deemed,
for the purposes referred to in sub-section 54A (2) of that Act, to be the
retiring age for the rank held by the person on his retirement if he had
retired on 30 September 1972.".