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Defence Forces Retirement Benefits Act 1948
In force
Administered by
Department of Defence
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C2016C00528 C20
10 March 2016
-
30 June 2016
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Part I—Preliminary
1 Short title
2 Commencement
4 Interpretation
4AA National serviceman on leave of absence without pay in excess of 30 days
4A Categories of members
13 Cost of management
15D Benefits to be paid by Commonwealth after 1 October 1972
25 Cessation of membership
26 Application of the Criminal Code
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Part V—Pensions and benefits
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Division 1—Grant of pensions and benefits
38 Pension on retirement after 20 years’ service for pension—officers
39 Pension on retirement under special circumstances—officers
41 Pension after 20 years’ service for pension—other ranks
41A Annual amount of certain pensions to be calculated to nearest dollar
43 Non-completion of engagement
44 Completion of engagement
45 Pension increase on officer retiring at age of 61 years or over
50 Service on Reserve
51 Classification in respect of incapacity
52 Rate or amount of invalidity benefit
52A Invalidity benefit payable to certain contributors under Superannuation Act
53 Reclassification in respect of incapacity
53B Power to require invalid pensioners to be medically examined and to furnish information as to employment
54 Incapacity due to wilful action
54A Notional retiring age for certain persons not members of the Permanent Forces
55 Pension on death of member
57 Pension on death of pensioner etc.
57A Set off against widow’s pension in certain circumstances
58 Pensions payable in respect of orphans
58A Basic rate of pensions
60 Refund of contributions
62 Children’s pensions
63 Payment of pensions etc. otherwise than to person entitled
64 Special grant of pension
64AA Special grant of pension where spouse pension would be payable
64AB Special grant of pension where child’s pension would be payable to eligible child
64AC Special grant of pension where child’s pension would be payable to eligible orphan
64A Restoration of pensions for remarried widows and widowers
65 General provisions as to pensions
66 Instalments of pension
68 Deduction of unpaid contributions from benefits
69 Re-engagement etc. of pensioners
71 Absence or desertion
72 Reduction of gratuity by reason of non-effective service
73 Special invalidity benefit to members under 18 years of age
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Division 2—Commutation of pension
74 Commutation of pension
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Part VIA—Family law superannuation splitting
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Division 1—Preliminary
80A Definitions
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Division 2—Benefits for non-member spouse
80B Associate pension for non-member spouse
80C Commutation of small associate pension
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Division 3—Reduction of benefits for member spouse
80D Reduction of standard pension
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Division 4—Miscellaneous
80E Ministerial Orders
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Part VIB—Application of this Act to pensioners who again become contributors
82E Application of Part
82F Contributions
82G Pension or benefit payable
82GA Pension rates in special cases
82H Persons not entitled to double pension and pensions not to be reduced
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Part VIC—Preservation of rights of certain members and former members
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Division 1—Preliminary
82J Interpretation
82K Determinations by the Board
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Division 2—Contributors who have preserved rights from previous employment
82L Transfer value payable in respect of previous employment
82M Pension payable in respect of previous employment
82N Deferred benefits applicable in respect of previous employment
82P Declaration by member who has previously been in employment
82Q Members with superannuation rights from previous employment
82R Rights of members who elect to pay transfer value to Board
82S Category numbers of certain officers to be reduced
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Division 3—Preservation of Rights of Contributors Ceasing to be Members
82T Interpretation
82U Eligible employment
82V Public employment
82W Eligible superannuation schemes
82X Transfer value
82Y Deferred benefits
82Z Election that Division apply
82ZA Circumstances in which transfer value payable
82ZB Circumstances in which person entitled to deferred benefits
82ZC Person who is entitled to rights under this Division not entitled to other retirement benefits
82ZD Certain former contributors not entitled to benefits under this Division
82ZE Member who resigned to contest an election
82ZF Invalid pensioner restored to health
82ZG Person entitled to deferred benefits again becoming a member
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Division 4—Miscellaneous
82ZH Special provisions affecting former members of certain superannuation schemes
82ZJ Payments by Commonwealth
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Part VID—Pension increases
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Division 1—Introduction
83A Simplified outline of this Part
83 Definitions
83B Substitutions and changes by Statistician
83C Rounding of percentages
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Division 2—General provisions about pension increases
83D Simplified outline of this Division
84 Increase in certain pensions
84A Application of increase to suspended pensions
84B Adjustment of increases in case of certain pensions
84C Increases in children’s pensions
84D Date of payment of increases
84E Rate of invalidity pension payable on reclassification during a prescribed half-year
84F Commutation of pension benefits during a prescribed half-year
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Division 3—Increase for pensioners aged 55 or older
84G Simplified outline of this Division
84H Increase for pensioners aged 55 or older
84J Indicative pension amount
84K LCI percentage
84L MTAWE result
84M 55-plus percentage if MTAWE result is higher
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Part VII—Miscellaneous
85 Assignment of pensions
85A Attachment of pensions
86 Recovery of contributions
86A Cancellation of elections
87 Extension or modification of the Act by regulations
88 Regulations
The Schedules
Second Schedule—Pension factors
Fourth Schedule—Period of service for pension referred to in paragraph 39(2)(c)
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
