DEFENCE FORCES RETIREMENT BENEFITS.

No. 67 of 1962.

An Act relating to Retirement Benefits for Members of the Defence Forces of the Commonwealth.

[Assented to 24th November, 1962.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title and citation.

1.—(1.) This Act may be cited as the Defence Forces Retirement Benefits Act 1962.

(2.) The Defence Forces Retirement Benefits Act 1948-1959 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Defence Forces Retirement Benefits Act 1948-1962.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on a date to be fixed by Proclamation.

(2.) The amendments made by sections eleven, fifteen, eighteen, nineteen and twenty of this Act shall be deemed to have come into operation on the fourteenth day of December, One thousand nine hundred and fifty-nine.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Amendments of the Principal Act.

Part III.—Amendments of the Defence Forces Retirement Benefits Act 1959-1961.

Part IV.—Miscellaneous.

Part II.—Amendments of the Principal Act.

Parts.

4. Section three of the Principal Act is amended by omitting the words—

“Division 3.—Rates of Contributions by Members (Sections 30-31).”

and inserting in their stead the words—

“Division 3.—Rates of Contributions by Members (Sections 30-31A).”.

Interpretation.

5.—(1.) Section four of the Principal Act is amended by inserting in sub-section (1.), after the definition of “contributor”, the following definition:—

“‘daily rate of pay’, in relation to a member, means his maximum daily rate of active pay as ascertained in accordance with the regulations;”.

(2.) Section four of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(7.) Where a member is promoted and, as a result of the promotion, his category changes and he is included within a category that has a lower category number than the category within which he was included immediately before the change, that change in category shall be disregarded for the purposes of this Act.

“(8.) Where the category of a member who has attained the retiring age for the rank held by him changes and—

(a) the change occurred as a result of his being reduced to a lower rank; or

(b) the change occurred after the expiration of a period of two years after he has attained that retiring age,

that change in category shall be disregarded for the purposes of this Act.”.

Categories of members.

6. Section four a of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) For the purposes of this Act, members are divided into categories according to the daily rates of pay set out in the First Schedule, and a reference in this Act to the category of a member shall be read as a reference to the category of members within which, having regard to his daily rate of pay, he is included.”; and

(b) by omitting from sub-section (2.) the word “, Fourth”.

Delegation.

7. Section twelve of the Principal Act is amended by omitting from sub-section (1.) the words “under this Act or the regulations”.

Change in contributions.

8. Section thirty-one of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “, subject to the next succeeding sub-section,”; and

(b) by omitting sub-section (2.).

9. After section thirty-one of the Principal Act the following section is inserted in Division 3 of Part IV.:—

Contribution on change of category of member who has attained age of sixty years.

“31a. Where the category of a member who has attained the age of sixty years changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he shall, notwithstanding sub-section (5.) of section twenty-three of this Act, before the expiration of one month after the date of the change or before the day on which he ceases to be a member, whichever first occurs, make one contribution to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary.”.

Pension on retirement under special circumstances—officers.

10. Section thirty-nine of the Principal Act is amended by omitting from sub-paragraph (i) of paragraph (c) of sub-section (2.) the word “category” and inserting in its stead the word “rank”.

Invalidity benefit.

11. Section fifty-one of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where—

(a) a member has been retired before attaining the retiring age for the rank held by him;

(b) a member, being an officer, has been granted an extension of service for a period that does not extend beyond the period of two years after the attainment by him of the retiring age for the rank held by him and has been retired before the expiration of the period of the extension;

(c) a member, not being an officer, has been engaged for a period of service extending beyond the date on which he will attain the retiring age for the rank held by him and has been retired before the expiration of a period of two years after that date and before the expiration of the period of the engagement; or

(d) the age for compulsory retirement of a member, not being an officer, has been extended and the member has been retired before the attainment by him of the extended age and before the expiration of a period of two years after the attainment by him of the retiring age for the rank held by him,

on the ground of invalidity or of physical or mental incapacity to perform his duties (not, in the opinion of the Board, due to wilful action on his part for the purpose of obtaining pension or other benefit), he is entitled to benefit in accordance with the next two succeeding sections, but, subject to section sixty of this Act, is not otherwise entitled to benefit under this Act.”.

Regulations.

12.—(1.) Section eighty-eight of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) Where the pay of any class of members is increased or reduced, regulations for the purpose of the definition of ‘daily rate of pay’ in sub-section (1.) of section four of this Act in relation to members included within that class made after the date on and from which the increase or reduction took effect may be expressed to have taken effect from and including that date.”.

(2.) Regulations under the Defence Forces Retirement Benefits Act 1948-1962 for the purpose of the definition of “daily rate of pay” in sub-section (1.) of section four of that Act made within the period of six months immediately following the date fixed under sub-section (1.) of section two of this Act shall, unless otherwise provided by the regulations, have effect and be deemed to have had effect from and including that date.

The Schedules.

13. The Schedules to the Principal Act are repealed and the following Schedules inserted in their stead:—

THE SCHEDULES.

——

Section 4A. FIRST SCHEDULE.

Categories of Members According to Daily Rates of Pay.

Daily Rate of Pay of Member.						Category Number.
Exceeding—			But not exceeding—			Category Number.
£	s.	d.	£	s.	d.
13	17	9		..		54
13	10	8	13	17	9	53
13	3	6	13	10	8	52

First Schedule—continued.

Daily Rate of Pay of Member.						Category Number.
Exceeding—			But not exceeding—			Category Number.
£	s.	d.	£	s.	d.
12	16	5	13	3	6	51
12	9	3	12	16	5	50
12	2	2	12	9	3	49
11	15	0	12	2	2	48
11	7	11	11	15	0	47
11	0	9	11	7	11	46
10	13	8	11	0	9	45
10	6	6	10	13	8	44
9	19	5	10	6	6	43
9	12	3	9	19	5	42
9	5	2	9	12	3	41
8	18	0	9	5	2	40
8	10	11	8	18	0	39
8	3	10	8	10	11	38
7	16	8	8	3	10	37
7	9	7	7	16	8	36
7	2	5	7	9	7	35
6	15	4	7	2	5	34
6	8	2	6	15	4	33
6	1	1	6	8	2	32
5	13	11	6	1	1	31
5	6	10	5	13	11	30
5	3	3	5	6	10	29
4	19	8	5	3	3	28
4	16	1	4	19	8	27
4	12	7	4	16	1	26
4	9	0	4	12	7	25
4	5	5	4	9	0	24
4	1	11	4	5	5	23
3	18	4	4	1	11	22
3	14	9	3	18	4	21
3	11	2	3	14	9	20
3	7	8	3	11	2	19
3	4	1	3	7	8	18
3	0	6	3	4	1	17
2	16	11	3	0	6	16
2	13	5	2	16	11	15
2	9	10	2	13	5	14
2	6	3	2	9	10	13
2	2	8	2	6	3	12
1	19	2	2	2	8	11
1	15	7	1	19	2	10
1	12	0	1	15	7	9
1	8	5	1	12	0	8
1	4	11	1	8	5	7
1	1	4	1	4	11	6
	17	9	1	1	4	5
	..			17	9	4

SECOND SCHEDULE. Section 30.

Amount of Contribution to be Paid Fortnightly by Members.

Table 1.—Male officers, other than—

(a) officers of the Special Duties List of the Permanent Naval Forces;

(b) officers of the Permanent Military Forces, being Quartermasters or members of the Canteen Corps, Catering Corps, Dental Corps, Education Corps, Legal Corps, Medical Corps, Pay Corps, Psychology Corps or Survey Corps or of the Printing and Stationery Service;

Second Schedule—continued.

(d) Chaplains.

Category of Member.	Amount of contribution where age of officer on his birthday next following the day on which he became a contributor is—
Category of Member.	24 years or less.			25 years.			26 years.			27 years.			28 years.			29 years.			30 years.
	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.
54	9	17	6	10	17	3	11	17	0	12	16	9	13	16	6	14	16	3	15	16	0
53	9	12	6	10	11	9	11	11	0	12	10	3	13	9	6	14	8	9	15	8	0
52	9	7	6	10	6	3	11	5	0	12	3	9	13	2	6	14	1	3	15	0	0
51	9	2	6	10	0	9	10	19	0	11	17	3	12	15	6	13	13	9	14	12	0
50	8	17	6	9	15	3	10	13	0	11	10	9	12	8	6	13	6	3	14	4	0
49	8	12	6	9	9	9	10	7	0	11	4	3	12	1	6	12	18	9	13	16	0
48	8	7	6	9	4	3	10	1	0	10	17	9	11	14	6	12	11	3	13	8	0
47	8	2	6	8	18	9	9	15	0	10	11	3	11	7	6	12	3	9	13	0	0
46	7	17	6	8	13	3	9	9	0	10	4	9	11	0	6	11	16	3	12	12	0
45	7	12	6	8	7	9	9	3	0	9	18	3	10	13	6	11	8	9	12	4	0
44	7	7	6	8	2	3	8	17	0	9	11	9	10	6	6	11	1	3	11	16	0
43	7	2	6	7	16	9	8	11	0	9	5	3	9	19	6	10	13	9	11	8	0
42	6	17	6	7	11	3	8	5	0	8	18	9	9	12	6	10	6	3	11	0	0
41	6	12	6	7	5	9	7	19	0	8	12	3	9	5	6	9	18	9	10	12	0
40	6	7	6	7	0	3	7	13	0	8	5	9	8	18	6	9	11	3	10	4	0
39	6	2	6	6	14	9	7	7	0	7	19	3	8	11	6	9	3	9	9	16	0
38	5	17	6	6	9	3	7	1	0	7	12	9	8	4	6	8	16	3	9	8	0
37	5	12	6	6	3	9	6	15	0	7	6	3	7	17	6	8	8	9	9	0	0
36	5	7	6	5	18	3	6	9	0	6	19	9	7	10	6	8	1	3	8	12	0
35	5	2	6	5	12	9	6	3	0	6	13	3	7	3	6	7	13	9	8	4	0
34	4	17	6	5	7	3	5	17	0	6	6	9	6	16	6	7	6	3	7	16	0
33	4	12	6	5	1	9	5	11	0	6	0	3	6	9	6	6	18	9	7	8	0
32	4	7	6	4	16	3	5	5	0	5	13	9	6	2	6	6	11	3	7	0	0
31	4	2	6	4	10	9	4	19	0	5	7	3	5	15	6	6	3	9	6	12	0
30	3	17	6	4	5	3	4	13	0	5	0	9	5	8	6	5	16	3	6	4	0
29	3	13	9	4	1	0	4	8	6	4	16	0	5	3	3	5	10	6	5	18	0
28	3	11	3	3	18	6	4	5	6	4	12	6	4	19	9	5	7	0	5	14	0
27	3	8	9	3	15	6	4	2	6	4	9	6	4	16	3	5	3	0	5	10	0
26	3	6	3	3	13	0	3	19	6	4	6	0	4	12	9	4	19	6	5	6	0
25	3	3	9	3	10	0	3	16	6	4	3	0	4	9	3	4	15	6	5	2	0
24	3	1	3	3	7	6	3	13	6	3	19	6	4	5	9	4	12	0	4	18	0
23	2	18	9	3	4	6	3	10	6	3	16	6	4	2	3	4	8	0	4	14	0
22	2	16	3	3	2	0	3	7	6	3	13	0	3	18	9	4	4	6	4	10	0
21	2	13	9	2	19	0	3	4	6	3	10	0	3	15	3	4	0	6	4	6	0
20	2	11	3	2	16	6	3	1	6	3	6	6	3	11	9	3	17	0	4	2	0
19	2	8	9	2	13	6	2	18	6	3	3	6	3	8	3	3	13	0	3	18	0
18	2	6	3	2	11	0	2	15	6	3	0	0	3	4	9	3	9	6	3	14	0
17	2	3	9	2	8	0	2	12	6	2	17	0	3	1	3	3	5	6	3	10	0
16	2	1	3	2	5	6	2	9	6	2	13	6	2	17	9	3	2	0	3	6	0
15	1	18	9	2	2	6	2	6	6	2	10	6	2	14	3	2	18	0	3	2	0
14	1	16	3	2	0	0	2	3	6	2	7	0	2	10	9	2	14	6	2	18	0
13	1	13	9	1	17	0	2	0	6	2	4	0	2	7	3	2	10	6	2	14	0
12	1	11	3	1	14	6	1	17	6	2	0	6	2	3	9	2	7	0	2	10	0
11	1	8	9	1	11	6	1	14	6	1	17	6	2	0	3	2	3	0	2	6	0
10	1	6	3	1	9	0	1	11	6	1	14	0	1	16	9	1	19	6	2	2	0
9	1	3	9	1	6	0	1	8	6	1	11	0	1	13	3	1	15	6	1	18	0
8	1	1	3	1	3	6	1	5	6	1	7	6	1	9	9	1	12	0	1	14	0
7		18	9	1	0	6	1	2	6	1	4	6	1	6	3	1	8	0	1	10	0
6		16	3		18	0		19	6	1	1	0	1	2	9	1	4	6	1	6	0
5		13	9		15	0		16	6		18	0		19	3	1	0	6	1	2	0
4		11	3		12	6		13	6		14	6		15	9	1	17	0		18	0

Second Schedule—continued.

Amount of Contribution to be Paid Fortnightly by Members.

Table 2.—Members other than those to whom Table 1 applies.

Category of Member.	Amount of Contribution.
	£	s.	d.
54	9	17	6
53	9	12	6
52	9	7	6
51	9	2	6
50	8	17	6
49	8	12	6
48	8	7	6
47	8	2	6
46	7	17	6
45	7	12	6
44	7	7	6
43	7	2	6
42	6	17	6
41	6	12	6
40	6	7	6
39	6	2	6
38	5	17	6
37	5	12	6
36	5	7	6
35	5	2	6
34	4	17	6
33	4	12	6
32	4	7	6
31	4	2	6
30	3	17	6
29	3	13	9
28	3	11	3
27	3	8	9
26	3	6	3
25	3	3	9
24	3	1	3
23	2	18	9
22	2	16	3
21	2	13	9
20	2	11	3
19	2	8	9
18	2	6	3
17	2	3	9
16	2	1	3
15	1	18	9
14	1	16	3
13	1	13	9
12	1	11	3
11	1	8	9
10	1	6	3
9	1	3	9
8	1	1	3
7		18	9
6		16	3
5		13	9
4		11	3

THIRD SCHEDULE. Sections 38, 39 and 41.

Rates of Pension per Annum.

Part 1.—Officers.

Category of Member.	Age (in Years).
Category of Member.	35	36	37	38	39	40	41	42	43	44	45	46	47
	£	£	£	£	£	£	£	£	£	£	£	£	£
54	983	1,032	1,081	1,130	1,179	1,229	1,278	1,327	1,376	1,425	1,474	1,523	1,572
53	965	1,013	1,061	1,109	1,158	1,206	1,254	1,302	1,350	1,399	1,447	1,495	1,543
52	946	994	1,041	1,088	1,136	1,183	1,230	1,278	1,325	1,372	1,420	1,467	1,514
51	928	975	1,021	1,067	1,114	1,160	1,207	1,253	1,299	1,346	1,392	1,439	1,485
50	910	956	1,001	1,047	1,092	1,138	1,183	1,229	1,274	1,320	1,365	1,411	1,456
49	892	936	981	1,026	1,070	1,115	1,159	1,204	1,249	1,293	1,338	1,382	1,427
48	874	917	961	1,005	1,048	1,092	1,136	1,179	1,223	1,267	1,310	1,354	1,398
47	855	898	941	984	1,026	1,069	1,112	1,155	1,198	1,240	1,283	1,326	1,369
46	837	879	921	963	1,005	1,047	1,088	1,130	1,172	1,214	1,256	1,298	1,340
45	819	860	901	942	983	1,024	1,065	1,106	1,147	1,188	1,229	1,269	1,310
44	801	841	881	921	961	1,001	1,041	1,081	1,121	1,161	1,201	1,241	1,281
43	783	822	861	900	939	978	1,017	1,057	1,096	1,135	1,174	1,213	1,252
42	764	803	841	879	917	956	994	1,032	1,070	1,108	1,147	1,185	1,223
41	746	784	821	858	895	933	970	1,007	1,045	1,082	1,119	1,157	1,194
40	728	764	801	837	874	910	946	983	1,019	1,056	1,092	1,128	1,165
39	710	745	781	816	852	887	923	958	994	1,029	1,065	1,100	1,136
38	692	726	761	795	830	865	899	934	968	1,003	1,037	1,072	1,107
37	673	707	741	774	808	842	875	909	943	976	1,010	1,044	1,077
36	655	688	721	753	786	819	852	885	917	950	983	1,016	1,048
35	637	669	701	733	764	796	828	860	892	924	956	987	1,019
34	619	650	681	712	743	774	804	835	866	897	928	959	990
33	601	631	661	691	721	751	781	811	841	871	901	931	961
32	582	612	641	670	699	728	757	786	815	844	874	903	932
31	564	592	621	649	677	705	733	762	790	818	846	875	903
30	546	573	601	628	655	683	710	737	764	792	819	846	874
29	528	554	581	607	633	660	686	713	739	765	792	818	844
28	510	535	561	586	612	637	662	688	713	739	764	790	815
27	491	516	541	565	590	614	639	663	688	713	737	762	786
26	473	497	521	544	568	592	615	639	662	686	710	733	757
25	455	478	501	523	546	569	592	614	637	660	683	705	728
24	437	459	480	502	524	546	568	590	612	633	655	677	699
23	419	440	460	481	502	523	544	565	586	607	628	649	670
22	400	420	440	460	480	501	521	541	561	581	601	621	641
21	382	401	420	440	459	478	497	516	535	554	573	592	612
20	364	382	400	419	437	455	473	491	510	528	546	564	582
19	346	363	380	398	415	432	450	467	484	501	519	536	553
18	328	344	360	377	393	410	426	442	459	475	491	508	524
17	309	325	340	356	371	387	402	418	433	449	464	480	495
16	291	306	320	335	349	364	379	393	408	422	437	451	466
15	273	287	300	314	328	341	355	369	382	396	410	423	437
14	255	268	280	293	306	319	331	344	357	369	382	395	408
13	237	248	260	272	284	296	308	319	331	343	355	367	379
12	218	229	240	251	262	273	284	295	306	317	328	339	349
11	200	210	220	230	240	250	260	270	280	290	300	310	320
10	182	191	200	209	218	228	237	246	255	264	273	282	291
9	164	172	180	188	197	205	213	221	229	238	246	254	262
8	146	153	160	167	175	182	189	197	204	211	218	226	233
7	127	134	140	147	153	159	166	172	178	185	191	197	204
6	109	115	120	126	131	137	142	147	153	158	164	169	175
5	91	96	100	105	109	114	118	123	127	132	137	141	146
4	73	76	80	84	87	91	95	98	102	106	109	113	116

Third Schedule—continued.

Rates of Pension per Annum—continued.

Part I.—Officers—continued.

Category of Member.	Age (in Years).
Category of Member.	48	49	50	51	52	53	54	55	56	57	58	59	60 or more.
	£	£	£	£	£	£	£	£	£	£	£	£	£
54	1,622	1,671	1,720	1,769	1,818	1,892	1,966	2,039	2,113	2,187	2,260	2,359	2,457
53	1,592	1,640	1,688	1,736	1,785	1,857	1,929	2,002	2,074	2,146	2,219	2,315	2,411	10s.
52	1,562	1,609	1,656	1,704	1,751	1,822	1,893	1,964	2,035	2,106	2,177	2,271	2,366
51	1,532	1,578	1,624	1,671	1,717	1,787	1,856	1,926	1,996	2,065	2,135	2,228	2,320	10s.
50	1,502	1,547	1,593	1,638	1,684	1,752	1,820	1,888	1,957	2,025	2,093	2,184	2,275
49	1,471	1,516	1,561	1,605	1,650	1,717	1,784	1,850	1,917	1,984	2,051	2,140	2,229	10s.
48	1,441	1,485	1,529	1,572	1,616	1,682	1,747	1,813	1,878	1,944	2,009	2,097	2,184
47	1,411	1,454	1,497	1,540	1,582	1,647	1,711	1,775	1,839	1,903	1,967	2,053	2,138	10s.
46	1,381	1,423	1,465	1,507	1,549	1,612	1,674	1,737	1,800	1,863	1,926	2,009	2,093
45	1,351	1,392	1,433	1,474	1,515	1,577	1,638	1,699	1,761	1,822	1,884	1,966	2,047	10s.
44	1,321	1,361	1,401	1,441	1,481	1,542	1,602	1,662	1,722	1,782	1,842	1,922	2,002
43	1,291	1,330	1,370	1,409	1,448	1,507	1,565	1,624	1,683	1,741	1,800	1,878	1,956	10s.
42	1,261	1,299	1,338	1,376	1,414	1,471	1,529	1,586	1,643	1,701	1,758	1,835	1,911
41	1,231	1,269	1,306	1,343	1,380	1,436	1,492	1,548	1,604	1,660	1,716	1,791	1,865	10s.
40	1,201	1,238	1,274	1,310	1,347	1,401	1,456	1,511	1,565	1,620	1,674	1,747	1,820
39	1,171	1,207	1,242	1,278	1,313	1,366	1,420	1,473	1,526	1,579	1,633	1,704	1,774	10s.
38	1,141	1,176	1,210	1,245	1,279	1,331	1,383	1,435	1,487	1,539	1,591	1,660	1,729
37	1,111	1,145	1,178	1,212	1,246	1,296	1,347	1,397	1,448	1,498	1,549	1,616	1,683	10s.
36	1,081	1,114	1,147	1,179	1,212	1,261	1,310	1,360	1,409	1,458	1,507	1,572	1,638
35	1,051	1,083	1,115	1,147	1,178	1,226	1,274	1,322	1,370	1,417	1,465	1,529	1,592	10s.
34	1,021	1,052	1,083	1,114	1,145	1,191	1,238	1,284	1,330	1,377	1,423	1,485	1,547
33	991	1,021	1,051	1,081	1,111	1,156	1,201	1,246	1,291	1,336	1,381	1,441	1,501	10s.
32	961	990	1,019	1,048	1,077	1,121	1,165	1,208	1,252	1,296	1,340	1,398	1,456
31	931	959	987	1,016	1,044	1,086	1,128	1,171	1,213	1,255	1,298	1,354	1,410	10s.
30	901	928	956	983	1,010	1,051	1,092	1.133	1,174	1,215	1,256	1,310	1,365
29	871	897	924	950	976	1,016	1,056	1,095	1,135	1,174	1,214	1,267	1,319	10s.
28	841	866	892	917	943	981	1,019	1,057	1,096	1,134	1,172	1,223	1,274
27	811	835	860	885	909	946	983	1,020	1,057	1,093	1,130	1,179	1,228	10s.
26	781	804	828	852	875	911	946	982	1,017	1,053	1,088	1,136	1,183
25	751	774	796	819	842	876	910	944	978	1,012	1,047	1,092	1,137	10s.
24	721	743	764	786	808	841	874	906	939	972	1,005	1,048	1,092
23	691	712	733	753	774	806	837	869	900	931	963	1,005	1,046	10s.
22	661	681	701	721	741	771	801	831	861	891	921	961	1,001
21	631	650	669	688	707	736	764	793	822	850	879	917	955	10s.
20	601	619	637	655	673	701	728	755	783	810	837	874	910
19	571	588	605	622	640	666	692	718	743	769	795	830	864	10s.
18	541	557	573	590	606	631	655	680	704	729	753	786	819
17	511	526	541	557	572	596	619	642	665	688	712	743	773	10s.
16	480	495	510	524	539	561	582	604	626	648	670	699	728
15	450	464	478	491	505	526	546	566	587	607	628	655	682	10s.
14	420	433	446	459	471	490	510	529	548	567	586	612	637
13	390	402	414	426	438	455	473	491	509	526	544	568	591	10s.
12	360	371	382	393	404	420	437	453	470	486	502	524	546
11	330	340	350	360	370	385	400	415	430	445	460	480	500	10s.
10	300	309	319	328	337	350	364	378	391	405	419	437	455
9	270	278	287	295	303	315	328	340	352	364	377	393	409	10s.
8	240	248	255	262	269	280	291	302	313	324	335	349	364
7	210	217	223	229	236	245	255	264	274	283	293	306	318	10s.
6	180	186	191	197	202	210	218	227	235	243	251	262	273
5	150	155	159	164	168	175	182	189	196	202	209	218	227	10s.
4	120	124	127	131	135	140	146	151	157	162	167	175	182

Third Schedule—continued.

Rates of Pension per Annum—continued.

Part II—Members other than Officers.

Category of Member.	Number of Completed Years of Service for Pension—
Category of Member.	20	21	22	23	24	25	26	27	28	29	30
	£	£	£	£	£	£	£	£	£	£	£
32	728	757	786	815	844	874	903	932	961	990	1,019
31	705	733	762	790	818	846	875	903	931	959	987
30	683	710	737	764	792	819	846	874	901	928	956
29	660	686	713	739	765	792	818	844	871	897	924
28	637	662	688	713	739	764	790	815	841	866	892
27	614	639	663	688	713	737	762	786	811	835	860
26	592	615	639	662	686	710	733	757	781	804	828
25	569	592	614	637	660	683	705	728	751	774	796
24	546	568	590	612	633	655	677	699	721	743	764
23	523	544	565	586	607	628	649	670	691	712	733
22	501	521	541	561	581	601	621	641	661	661	701
21	478	497	516	535	554	573	592	612	631	650	669
20	455	473	491	510	528	546	564	582	601	619	637
19	432	450	467	484	501	519	536	553	571	588	605
18	410	426	442	459	475	491	508	524	541	557	573
17	387	402	418	433	449	464	480	495	511	526	541
16	364	379	393	408	422	437	451	466	480	495	510
15	341	355	369	382	396	410	423	437	450	464	478
14	319	331	344	357	369	382	395	408	420	433	446
13	296	308	319	331	343	355	367	379	390	402	414
12	273	284	295	306	317	328	339	349	360	371	382
11	250	260	270	280	290	300	310	320	330	340	350
10	228	237	246	255	264	273	282	291	300	309	319
9	205	213	221	229	238	246	254	262	270	278	287
8	182	189	197	204	211	218	226	233	240	248	255
7	159	166	172	178	185	191	197	204	210	217	223
6	137	142	147	153	158	164	169	175	180	186	191
5	114	118	123	127	132	137	141	146	150	155	159
4	91	95	98	102	106	109	113	116	120	124	127

Third Schedule—continued.

Rates of Pension per Annum—continued.

Part II.—Members other than Officers—continued.

Category of Member.	Number of Completed Years of Service for Pension—
Category of Member.	31	32	33	34	35	36	37
	£	£	£	£	£	£	£
32	1,048	1,077	1,121	1,165	1,208	1,252	1,296
31	1,016	1,044	1,086	1,128	1,171	1,213	1,255
30	983	1,010	1,051	1,092	1,133	1,174	1,215
29	950	976	1,016	1,056	1,095	1,135	1,174
28	917	943	981	1,019	1,057	1,096	1,134
27	885	909	946	983	1,020	1,057	1,093 1,053
26	852	875	911	946	982	1,017	1,093 1,053
25	819	842	876	910	944	978	1,012
24	786	808	841	874	906	939	972
23	753	774	806	837	869	900	931
22	721	741	771	801	831	861	891
21	688	707	736	764	793	822	850
20	655	673	701	728	755	783	810
19	622	640	666	692	718	743	769
18	590	606	631	655	680	704	729
17	557	572	596	619	642	665	688
16	524	539	561	582	604	626	648
15	491	505	526	546	566	587	607
14	459	471	490	510	529	548	567
13	426	438	455	473	491	509	526
12	393	404	420	437	453	470	486
11	360	370	385	400	415	430	445
10	328	337	350	364	378	391	405
9	295	303	315	328	340	352	364
8	262	269	280	291	302	313	324
7	229	236	245	255	264	274	283
6	197	202	210	218	227	235	243
5	164	168	175	182	189	196	202
4	131	135	140	146	151	157	162

FOURTH SCHEDULE. Section 39.

Period of Service for Pension Referred to in Paragraph (c) of Sub-section (2.) of Section 39.

Rank.				Period.
Permanent Naval Forces.		Permanent Military Forces.	Permanent Air Force.
General List.	Special Duties List.	Permanent Military Forces.	Permanent Air Force.
Rear-Admiral, or relative or higher rank	..............	Major-General, or higher rank	Air Vice-Marshal, or higher rank	Years. 30
Captain, or relative rank	..............	Brigadier.......	Air Commodore..	28
..............	Commander (S.D.), or relative rank	Colonel........	Group Captain...	26
Commander, or relative rank Senior Chaplain	Lieutenant -Commander (S.D.), or relative rank	Lieutenant-Colonel Major (Quartermaster) Captain (Quartermaster) Chaplain, First Class or Second Class Colonel (Royal Australian Army Nursing Corps) Colonel (Women’s Royal Australian Army Corps)	Wing Commander Chaplain, First Class or Second Class Group Officer (Royal Australian Air Force Nursing Service) Group Officer (Women’s Royal Australian Air Force)	24
Lieutenant -Commander, or relative rank Chaplain Chief Officer (Women’s Royal Australian Naval Forces)	Lieutenant (S.D.), or relative or lower rank	Major Chaplain, Third Class Lieutenant -Colonel (Royal Australian Army Nursing Corps) Lieutenant-Colonel (Women’s Royal Australian Army Corps)	Squadron Leader Chaplain, Third Class Wing Officer (Royal Australian Air Force Nursing Service) Wing Officer (Women’s Royal Australian Air Force)	22
Lieutenant, or relative rank First Officer, or lower rank (Women’s Royal Australian Naval Forces)	..............	Captain Lieutenant (Quartermaster) Chaplain, Fourth Class Major (Royal Australian Army Nursing Corps) Major (Women’s Royal Australian Army Corps) Any lower rank	Flight Lieutenant Chaplain, Fourth Class Squadron Officer (Royal Australian Air Force Nurssing Service) Squadron Officer (Women’s Royal Australian Air Force) Any lower rank	20

FIFTH SCHEDULE. Section 52.

Rates of Class A Invalidity Pensions.

Category of Member.	Rate per annum.
	£	s.	d.
54	2,457	0	0
53	2,411	10	0
52	2,366	0	0
51	2,320	10	0
50	2,275	0	0
49	2,229	10	0
48	2,184	0	0
47	2,138	10	0
46	2,093	0	0
45	2,047	10	0
44	2,002	0	0
43	1,956	10	0
42	1,911	0	0
41	1,865	10	0
40	1,820	0	0
39	1,774	10	0
38	1,729	0	0
37	1,683	10	0
36	1,638	0	0
35	1,592	10	0
34	1,547	0	0
33	1,501	10	0
32	1,456	0	0
31	1,410	10	0
30	1,365	0	0
29	1,319	10	0
28	1,274	0	0
27	1,228	10	0
26	1,183	0	0
25	1,137	10	0
24	1,092	0	0
23	1,046	10	0
22	1,001	0	0
21	955	10	0
20	910	0	0
19	864	10	0
18	819	0	0
17	773	10	0
16	728	0	0
15	682	10	0
14	637	0	0
13	591	10	0
12	546	0	0
11	500	10	0
10	455	0	0
9	409	10	0
8	364	0	0
7	318	10	0
6	273	0	0
5	227	10	0
4	182	0	0

Part III.—Amendments of the Defence Forces Retirement Benefits Act 1959-1961.

Interpretation.

14.—(1.) Section thirty-eight of the Defence Forces Retirement Benefits Act 1959-1961 is amended by inserting in the definition of “additional basic pension” in sub-section (1.), after the word “fifty”, the words “, and to sub-section (4.) of section fifty a,”.

(2.) Section thirty-eight of the Defence Forces Retirement Benefits Act 1959-1961 is amended by omitting sub-section (7.) and inserting in its stead the following sub-section:—

“(7.) Where the category of an existing contributor who has attained the retiring age for the rank held by him changes and—

(a) the change occurred as a result of his being reduced to a lower rank; or

(b) the change occurred after the expiration of a period of two years after he has attained that retiring age,

that change in category shall be disregarded for the purposes of the Defence Forces Retirement Benefits Act 1948-1962 and of any other Act relating to retirement benefits for members of the Defence Forces of the Commonwealth.”.

Contributions on promotion. &c., of existing contributors.

15. Section forty-nine of the Defence Forces Retirement Benefits Act 1959-1961 is amended—

(a) by inserting after sub-section (2.) the following subsection:—

“(2a.) Where, at any time, the retiring age applicable to an existing contributor who is liable to make additional contributions to the Fund changes by reason of a change in his rank, branch or group or for any other reason but his category does not change at that time, the amount to be paid fortnightly by him to the Fund in respect of those contributions shall, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day), be, in lieu of the amount that but for this sub-section would be payable, such amount as is determined by the Board on the advice of the Commonwealth Actuary.”; and

(b) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) In this section—

‘additional contributions’ means contributions payable under this Part, otherwise than by virtue of section forty-three of this Act;

‘retiring age’, in relation to an existing contributor, means the age that is the retiring age for the rank held by him.”.

Election on change of category to make additional contributions.

16. Section fifty of the Defence Forces Retirement Benefits Act 1959-1961 is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where the category of an existing contributor who has made an election under section forty-four of this Act changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he may, by notice in writing given to the Board within four months after the change, elect to contribute under this section for such part of his maximum additional basic pension as is specified in the election and does not exceed the difference between the amount of his maximum additional basic pension and the amount of his additional basic pension immediately before the change.”.

17. After section fifty of the Defence Forces Retirement Benefits Act 1959-1961 the following section is inserted:—

Election by certain existing contributors to contribute for neglected pension.

“50a.—(1.) Subject to this section, an existing contributor who is not a contributor for maximum additional basic pension and has not made an election under section twenty-eight of the Defence Forces Retirement Benefits Act 1962 may, by notice in writing given to the Board within six months after the commencement of this section, elect to contribute under this section for such part of his maximum additional basic pension as is specified in the election and does not exceed the difference between the amount of his maximum additional basic pension and the amount of his additional basic pension immediately before the election.

“(2.) Where a contributor who has made an election under the last preceding sub-section makes an election under section twenty-eight of the Defence Forces Retirement Benefits Act 1962, the election made by him under the last preceding sub-section shall be deemed not to have been made.

“(3.) An election under sub-section (1.) of this section does not have effect unless, within six months after the election, the contributor satisfies the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties.

“(4.) Where an election is made by a contributor under subsection (1.) of this section—

(a) the contributor shall, in addition to any other contributions that he is required to make to the Fund, make, as from the date of the election (or, if that date is not a pay-day, as from the next following pay-day), fortnightly contributions to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary; and

(b) the amount of his additional basic pension shall, as from the date of the election, be deemed to be increased by an amount equal to such part of his maximum additional basic pension as is specified in the election.”.

Cessation of additional contributions payable under this Part.

18. Section fifty-one of the Defence Forces Retirement Benefits Act 1959-1961 is amended by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Where—

(a) an existing contributor, not being an officer, has, by virtue of the operation of the preceding provisions of this section, ceased to be liable to make additional contributions to the Fund and, after he has so ceased, his category changes and he becomes liable to make contributions to the Fund under section forty-nine or section fifty of this Act; or

(b) a change takes place in the category of an existing contributor, not being an officer, who has not at any time made additional contributions to the Fund and—

(i) has completed twenty years’ service for pension; or

(ii) will, at the completion of the engagement under which he is serving, have completed twenty years’ service for pension,

and he becomes liable to make contributions to the Fund under section forty-nine or section fifty of this Act,

he shall not make those contributions in respect of any period after the day on which—

(d) he attains the retiring age for the rank held by him; or

(e) he completes the engagement under which he was serving on the day on which his category changed,

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.”.

19. After section fifty-eight of the Defence Forces Retirement Benefits Act 1959-1961 the following section is inserted:—

Maximum pension—existing contributors.

“58a. Where pension becomes payable under the Principal Act as amended by this Act to or in respect of an existing contributor, the rate of that pension shall, notwithstanding any other provision of this Part, not exceed the rate of pension that would have been payable to or in respect of him under that

Act as so amended if the provisions of this Part had not been enacted, reduced, in the case of a pension payable to the widow of a contributor who has made an election under section forty-seven or section forty-eight of this Act, by one-fifth.”.

20. After section seventy-nine of the Defence Forces Retirement Benefits Act 1959-1961 the following section is inserted:—

Deferment of payment of contributions payable on promotion, &c.

“79a.—(1.) In this section—

‘additional contributions’, in relation to an existing contributor who has been promoted or whose retiring age has changed, means the contributions that he is, by reason of the promotion or change, required to make to the Fund under section forty-nine of this Act;

‘retiring age’, in relation to an existing contributor, means the age that is the retiring age for the rank held by him.

“(2.) Where the Board is satisfied that an existing contributor who has been promoted or whose retiring age has changed would suffer hardship if he were required to pay additional contributions fortnightly to the Fund, the Board may consent to the deferment of payment of the whole or any part of the additional contributions.

“(3.) Where the Board so consents—

(a) payment of the contributor’s fortnightly additional contributions or of the part of those contributions to which the consent relates, as the case may be, (in this sub-section referred to as ‘the deferred contributions’) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contributions;

(c) the amount of the deferred contributions and interest upon the deferred contributions, or of so much of the deferred contributions and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor (not being a pension payable in respect of a child) shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor

otherwise ceasing to be a member, in such circumstances that no pension (not being a pension payable in respect of a child) becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

“(4.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

“(5.) This section has effect notwithstanding anything contained in any other provision of this Act or in the Principal Act as amended by this Act.”.

Citation.

21. The Defence Forces Retirement Benefits Act 1959-1961, as amended by this Part, may be cited as the Defence Forces Retirement Benefits Act 1959-1962.

Part IV.—Miscellaneous.

Interpretation.

22.—(l.) In this Part, unless the contrary intention appears—

“additional basic pension”, in relation to a prescribed contributor, means, subject to sub-section (3.) of section thirty-five of this Act—

(a) in the case of a contributor who is not entitled to make an election under sub-section (1.) of section twenty-eight of this Act or, being so entitled, does not make such an election— an amount equal to his maximum additional basic pension;

(b) in the case of a contributor who makes an election under paragraph (c) of that sub-section —nil; or

(c) in the case of a contributor who makes an election under paragraph (d) of that sub-section—an amount equal to such part of his maximum additional basic pension as is specified in the election;

“contributor for maximum additional basic pension” means a prescribed contributor whose additional basic pension is equal to his maximum additional basic pension;

“contributor for portion of maximum additional basic pension” means a prescribed contributor, other than a contributor not contributing for additional basic pension, whose additional basic pension is less than his maximum additional basic pension;

“contributor not contributing for additional basic pension” means a prescribed contributor whose additional basic pension is nil;

“existing contributor” means a person, other than a prescribed contributor, who is a member on the commencing date and was, immediately before that date, a contributor;

“future basic pension” means—

(a) in relation to a prescribed contributor who was an officer immediately before the commencing date—an amount equal to the amount of pension per annum specified in Part I. of the Third Schedule to the Principal Act as amended by this Act—

(i) opposite to the category of members within which the officer was included immediately before the commencing date; and

(ii) in relation to—

(a) if the officer had, within the period of two years immediately before the commencing date, attained the retiring age for the rank held by him immediately before that date—the age attained by him immediately before that date;

(b) if the officer had, before the commencing date but not within the period of two years immediately before that date, attained the retiring age for the rank held by him immediately before that date—the age attained by him at the expiration of the period of two years after he had attained that retiring age; or

(c) in any other case—the age that is the retiring age for the rank held by the officer immediately before the commencing date; and

(b) in relation to a prescribed contributor who was not an officer immediately before the commencing date—an amount equal to the amount of pension per annum specified in Part II. of the Third Schedule to the Principal Act as amended by this Act—

(i) opposite to the category of members within which the contributor was included immediately before the commencing date; and

(ii) in relation to—

(a) if the contributor had, before the commencing date, attained the retiring age for the rank held by him immediately before that date and completed not less than twenty-one years’ service for pension—the number of years of service for pension so completed by him, other than any part of that service for pension served after the expiration of two years after he had attained that retiring age;

(b) if the contributor had not, before the commencing date, attained the retiring age for the rank held by him immediately before that date but will (on the completion of the engagement under which he is serving on the commencing date or on attaining that retiring age, whichever will first occur) have completed not less than twenty-one years’ service for pension—the number of years of service for pension that will have been so completed by him; or

“maximum additional basic pension”, in relation to a prescribed contributor, means—

(a) if his future basic pension exceeds his previous basic pension—an amount equal to the difference between his future basic pension and his previous basic pension; and

(b) in any other case—nil;

“prescribed contributor” means a person who is a member on the commencing date and is an existing contributor as defined by sub-section (1.) of section thirty-eight of the Defence Forces Retirement Benefits Act 1959, but does not include a person to whom regulation 5 or regulation 7 of the Defence Forces Retirement Benefits (Existing Contributors) Regulations as in force immediately before the commencing date applies;

“previous basic pension” means—

(i) opposite to the category of members within which the officer was included, for the purposes of the Principal Act, immediately before the commencing date; and

(ii) in relation to—

(b) if the officer had, before the commencing date but not within the period of two years immediately before that date, attained the retiring age for the rank held by him immediately before that

date—the age attained by him at the expiration of the period of two years after he had attained that retiring age; or

(c) in any other case—the age that is the retiring age for the rank held by the officer immediately before the commencing date; and

(i) opposite to the category of members within which the contributor was included, for the purposes of the Principal Act, immediately before the commencing date; and

(ii) in relation to—

one years’ service for pension—the number of years of service for pension that will have been so completed by him; or

“the commencing date” means the date fixed under sub-section (1.) of section two of this Act.

(2.) In this Part, unless the contrary intention appears, expressions defined by the Principal Act as amended by this Act have the same respective meanings as they have in the Principal Act as so amended.

(3.) A reference in this Part (other than in the definition of “previous basic pension” in sub-section (1.) of this section or in the definition of “previous rate of pension” in sub-section (1.) of section forty-nine of this Act) to the category of a member shall be read as a reference to the category of members within which the member is included for the purposes of the Principal Act as amended by this Act, and, for the purposes of this Part (other than the definition of “previous basic pension” in sub-section (1.) of this section or the definition of “previous rate of pension” in sub-section (1.) of section forty-nine of this Act), section six of this Act, and section thirteen of this Act in so far as it repeals the First Schedule to the Principal Act and inserts another Schedule in its stead, shall be deemed to have come into operation on the day immediately preceding the commencing date.

(4.) A reference in this Part to pension payable to or in respect of a person shall be read as not including a reference to pension payable in respect of a child.

(5.) Where the category of a prescribed contributor who has attained the retiring age for the rank held by him changes and—

(a) the change occurred as a result of his being reduced to a lower rank; or

(b) the change occurred after the expiration of a period of two years after he has attained that retiring age,

(6.) Where, on the commencing date, a prescribed contributor (not being an officer) is not serving under engagement for a definite term, he shall, for the purposes of this Part (other than section thirty or section thirty-two of this Act), be deemed to be serving under an engagement that terminates on that date.

Determination of number of fortnightly periods applicable to a prescribed contributor.

23.—(1.) For the purposes of sections twenty-nine and thirty-one of this Act, the number of fortnightly periods applicable to a prescribed contributor shall, subject to the next succeeding sub-section, be deemed to be the number of successive periods of a fortnight (including any period consisting of part of a fortnight) included in the period commencing on the pay-day next following the commencing date and ending—

(a) in the case of an officer—on the date on which he will attain the retiring age for the rank held by him immediately before the commencing date; or

(b) in the case of a prescribed contributor other than an officer—

(i) if he has completed twenty years’ service for pension before the commencing date—on the date on which the engagement under which he is serving on the commencing date will terminate; or

(ii) in any other case—on whichever of the following dates will last occur, that is to say, the date on which he will complete the engagement under which he is serving on the commencing date or the date on which he will complete twenty years’ service for pension.

(2.) For the purposes of the last preceding sub-section, a prescribed contributor, not being an officer, who will, before the completion of the engagement under which he is serving on the commencing date, attain the retiring age for the rank held by him shall be deemed to be serving on the commencing date under an engagement that will end on the date on which he will attain that retiring age.

Elections under this Part.

24.—(1.) Notwithstanding anything contained in this Part, a person is not entitled to make an election under this Part after he ceases to be a member.

(2.) A person is not permitted to vary or revoke an election made by him under this Part.

Application of Defence Forces Retirement Benefits Acts to prescribed contributors.

25.—(1.) Subject to this Part, the provisions of the Defence Forces Retirement Benefits Act 1948-1962 and of Part III. of the Defence Forces Retirement Benefits Act 1959-1962 apply to and in relation to prescribed contributors.

(2.) In the application to or in relation to prescribed contributors of Part III. of the Defence Forces Retirement Benefits Act 1959-1962—

(a) any reference in sections fifty-seven to fifty-nine (inclusive), sixty-one to sixty-six (inclusive), sixty-eight, sixty-nine, seventy-one, seventy-two, seventy-five to seventy-nine a (inclusive) and eighty-one to

eighty-five (inclusive) of that Act to the Defence Forces Retirement Benefits Act 1948-1958 as amended by the Defence Forces Retirement Benefits Act 1959 shall be read as a reference to the Defence Forces Retirement Benefits Act 1948-1962; and

(b) any reference in section fifty-six or section eighty of that Act to the Defence Forces Retirement Benefits Act 1948-1958 as amended by the Defence Forces Retirement Benefits Act 1959 shall be read as a reference to the Defence Forces Retirement Benefits Act 1948-1962 and to any other Act relating to retirement benefits for members of the Defence Forces of the Commonwealth.

Contributions by prescribed contributors.

26. A prescribed contributor shall not contribute to the Fund except as provided by this Part.

Prescribed contributors to continue existing contributions.

27. Subject to this Part, each prescribed contributor shall, after the commencement of this Part, make contributions to the Fund as provided by Part III. of the Defence Forces Retirement Benefits Act 1959-1962.

Election not to contribute for maximum pension.

28.—(1.) Where, before the commencing date—

(a) a prescribed contributor had attained the retiring age for the rank held by him immediately before that date or had attained an age within eight years of that retiring age; or

(b) a prescribed contributor, not being an officer, had completed twelve years’ service for pension,

he may, by notice in writing given to the Board on, or within six months after, the commencing date—

(d) elect to contribute for such part only of his maximum additional basic pension as is specified in the election.

(2.) An election made under the last preceding sub-section after the commencing date has effect as if it had been made on that date.

Contributions for additional basic pension.

29.—(1.) A prescribed contributor (other than a contributor who makes an election under paragraph (c) of sub-section (1.) of the last preceding section or to whom the next succeeding section applies) shall, after the commencement of this Part, in addition to any other contributions that he is required to make to the Fund, make fortnightly contributions to the Fund of an amount ascertained or determined in accordance with the succeeding provisions of this section.

(2.) Where the number of fortnightly periods applicable to a contributor is a number specified in the first column of the First Schedule to the Defence Forces Retirement Benefits Act 1959-1962, the amount of each fortnightly contribution payable by him under the last preceding sub-section is eighty-five per centum of an amount that bears to the amount that is applicable to him in accordance with the next succeeding sub-section the same proportion as the amount of his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Schedule referred to in the last preceding sub-section as is applicable to him having regard to the number of fortnightly periods applicable to him, to whether he is an officer or not and, if he is an officer, to the retiring age for the rank held by him immediately before the commencing date.

(4.) Where the number of fortnightly periods applicable to a contributor is a number that is not specified in the Schedule referred to in sub-section (2.) of this section, the amount of each fortnightly contribution payable by him under sub-section (1.) of this section is such amount as is determined by the Board on the advice of the Commonwealth Actuary, being an amount not greater than the amount of each fortnightly contribution that would have been payable by him in accordance with the last preceding sub-section if the number of fortnightly periods applicable to him had been the next lower number that is specified in the first column of that Schedule.

(5.) Where a prescribed contributor to whom this section applies ceases to be a member on or after the commencing date and before the pay-day next following that date, he shall, for the purposes of sub-section (1.) of section sixty-eight of the Principal Act as amended by this Act, be deemed, notwithstanding anything contained in section thirty-six of this Act, to be liable to pay to the Fund one fortnightly contribution under this section.

Contribution for additional basic pension-prescribed contributor who attained retiring age before commencing date, &c.

30.—(1.) This section applies to a prescribed contributor who does not make an election under paragraph (c) of sub-section (1.) of section twenty-eight of this Act and—

(a) had, before the commencing date, attained the retiring age for the rank held by him immediately before that date;

(b) will, on or after the commencing date and before the pay-day next following that date, attain that retiring age; or

(i) is not, on the commencing date, serving under engagement for a definite term; or

(ii) will, on or after that date and before the payday next following that date, complete the engagement under which he is serving on the commencing date and complete a period of service for pension of not less than twenty years.

(2.) A prescribed contributor to whom this section applies shall, before the expiration of one month after the commencing date or before the day on which he ceases to be a member, whichever first occurs, in addition to any other contributions that he is required to make to the Fund, make one contribution to the Fund equal to eighty-five per centum of an amount that bears to the amount that is applicable to him in accordance with the next succeeding sub-section the same proportion as the amount of his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Second Schedule to the Defence Forces Retirement Benefits Act 1959-1962 as is applicable to the contributor having regard to whether he is an officer or not and—

(a) if he is an officer to whom paragraph (a) of sub-section (1.) of this section applies—to the age attained by him immediately before the commencing date; or

(b) if he is an officer to whom paragraph (b) of that sub-section applies—to the retiring age for the rank held by him.

Contributions for additional widow’s pension.

31.—(1.) A prescribed contributor (other than a female or a contributor who has made an election under sub-section (6.) of section forty-seven of the Defence Forces Retirement Benefits Act 1959 or of that Act as amended or to whom the next succeeding section applies) shall, after the commencement of this Part, in addition to any other contributions that he is required to make to the Fund, make fortnightly contributions to the Fund of an amount ascertained or determined in accordance with the succeeding provisions of this section.

(2.) Where the number of fortnightly periods applicable to a contributor is a number specified in the first column of the Third Schedule to the Defence Forces Retirement Benefits Act 1959-1962, the amount of each fortnightly contribution payable by him under the last preceding sub-section is eighty-five per centum of an amount that bears to the amount that is applicable

to him in accordance with the next succeeding sub-section the same proportion as his additional basic pension on the commencing date bears to One hundred pounds.

Contribution for additional widow’s pension—prescribed contributor who attained retiring age before commencing date, &c.

32.—(1.) This section applies to a prescribed contributor (other than a female or a contributor who has made an election under sub-section (4.) of section forty-eight of the Defence Forces Retirement Benefits Act 1959) who—

(a) had, before the commencing date, attained the retiring age for the rank held by him immediately before that date;

(b) will, on or after the commencing date and before the pay-day next following that date, attain that retiring age; or

(i) is not, on the commencing date, serving under engagement for a definite term; or

(ii) will, on or after that date and before the pay-day next following that date, complete the engagement under which he is serving on the commencing date and complete a period of service for pension of not less than twenty years.

(2.) A prescribed contributor to whom this section applies shall, before the expiration of one month after the commencing date or before the day on which he ceases to be a member, whichever first occurs, in addition to any other contributions that he is required to make to the Fund, make one contribution to the Fund equal to eighty-five per centum of an amount that bears to the amount that is applicable to him in accordance with the next succeeding sub-section the same proportion as his additional basic pension on the commencing date bears to One hundred pounds.

(3.) For the purposes of the last preceding sub-section, the amount applicable to a prescribed contributor is such amount specified in the Fourth Schedule to the Defence Forces Retirement Benefits Act 1959-1962 as is applicable to the contributor having regard to whether he is an officer or not and—

(a) if he is an officer to whom paragraph (a) of sub-section (1.) of this section applies—to the age attained by him immediately before the commencing date; or

(b) if he is an officer to whom paragraph (b) of that sub-section applies—to the retiring age for the rank held by him.

Contributions on change of category, &c., of prescribed contributors.

33.—(1.) Section forty-nine of the Defence Forces Retirement Benefits Act 1959-1962 does not apply to or in relation to a promotion, or a change in the category or retiring age, of a prescribed contributor that takes effect on or after the commencing date.

(2.) Where the category of a prescribed contributor (other than a contributor who has attained the retiring age for the rank held by him) who is not liable to make additional contributions to the Fund changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he shall, in addition to any other contributions that he is required to make to the Fund, make, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day) fortnightly contributions to the Fund of such amount as is determined in accordance with regulations made for the purposes of this section.

(3.) Where the category of a prescribed contributor (other than a contributor who has attained the retiring age for the rank held by him) who is liable to make additional contributions to the Fund changes, the amount to be paid fortnightly by him to the Fund in respect of those contributions shall, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day), be, in lieu of the amount that but for this sub-section would be payable, such amount as is determined in accordance with regulations made for the purposes of this section.

(4.) Where, at any time, the retiring age applicable to a prescribed contributor who is liable to make additional contributions to the Fund changes by reason of a change in his rank, branch or group or for any other reason but his category does not change at that time, the amount to be paid fortnightly by him to the Fund in respect of those contributions shall, as from the date of the change (or, if that date is not a pay-day, as from the next following pay-day), be, in lieu of the amount that but for this sub-section would be payable, such amount as is determined in accordance with regulations made for the purposes of this section.

(5.) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters that are required or permitted by this section to be prescribed, or are necessary or convenient to be prescribed for giving effect to this section, and regulations so made within the period of six months immediately following the commencing date shall, unless otherwise provided by the regulations, have effect and be deemed to have had effect from and including that date.

(6.) In this section—

“additional contributions” means contributions payable to the Fund as provided by this Part, other than contributions payable in accordance with the provisions of the Defence Forces Retirement Benefits Act 1948-1958;

“retiring age”, in relation to a prescribed contributor, means the age that is the retiring age for the rank held by him.

Contribution on change of category of prescribed contributor who has attained retiring age.

34. Where the category of a prescribed contributor who has attained the retiring age for the rank held by him changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he shall, before the expiration of one month after the date of the change or before the day on which he ceases to be a member, whichever first occurs, in addition to any other contributions that he is required to make to the Fund, make one contribution to the Fund of such amount as is determined by the Board on the advice of the Commonwealth Actuary.

Election on change of category to make additional contributions.

35.—(1.) Where, on or after the commencing date, the category of a prescribed contributor who has made an election under section twenty-eight of this Act changes and, as a result of the change, he is included within a category that has a higher category number than the category within which he was included immediately before the change, he may, by notice in writing given to the Board within four months after the change, elect to contribute under this section for such part of his maximum additional basic pension as is specified in the election and does not exceed the difference between the amount of his maximum additional basic pension and the amount of his additional basic pension immediately before the change.

(2.) An election under the last preceding sub-section does not have effect unless, within six months after the election, the contributor satisfies the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties.

(3.) Where an election is made by a contributor under sub-section (1.) of this section—

Cessation of additional contributions payable under this Part.

36.—(1.) A prescribed contributor, being an officer, shall not make additional contributions to the Fund in respect of any period after the day on which—

(a) he ceases to be a member; or

(b) he attains the retiring age for the rank held by him,

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.

(2.) A prescribed contributor, not being an officer, shall not make additional contributions to the Fund in respect of any period after the day on which—

(a) he ceases to be a member;

(b) he attains the retiring age for the rank held by him; or

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.

(3.) In the application of the last preceding sub-section to a prescribed contributor who, before completing the engagement under which he is serving on the commencing date, completes twenty years’ service for pension, the reference in that sub-section to the day on which a prescribed contributor completes twenty years’ service for pension shall be read as a reference to the day on which he completes that engagement.

(4.) Where—

(a) a prescribed contributor, not being an officer, has, by virtue of the operation of the preceding provisions of this section, ceased to be liable to make additional contributions to the Fund and, after he has so ceased, his category changes and he becomes liable to make contributions to the Fund under section thirty-three or section thirty-five of this Act; or

(b) a change takes place in the category of a prescribed contributor, not being an officer, who has not at any time made additional contributions to the Fund and—

(i) has completed twenty years’ service for pension; or

(ii) will, at the completion of the engagement under which he is serving, have completed twenty years’ service for pension,

and he becomes liable to make contributions to the Fund under section thirty-three or section thirty-five of this Act,

he shall not make those last-mentioned contributions in respect of any period after the day on which—

(d) he attains the retiring age for the rank held by him; or

(e) he completes the engagement under which he was serving on the day on which his category changed,

whichever first occurs, or, if that day is not a pay-day, after the pay-day last preceding that day.

(5.) In this section, “additional contributions” means contributions payable to the Fund as provided by this Part, other than contributions under section twenty-seven, section thirty, section thirty-two or section thirty-four of this Act or contributions with respect to the cessation of which provision is made in the last preceding sub-section.

Contributions under this Part deemed to be contributions paid under the Defence Forces Retirement Benefits Act 1948-1962.

37. In the application of the Defence Forces Retirement Benefits Act 1948-1962 to a prescribed contributor, contributions paid by him under the provisions of this Part shall be deemed to be contributions paid by him under that Act.

Pension to or in respect of contributor not contributing for additional basic pension.

38.—(1.) This section applies to a person who—

(a) has ceased to be a member; and

(b) immediately before he so ceased, was a contributor not contributing for additional basic pension.

(2.) Where pension becomes payable to or in respect of a person to whom this section applies under the Defence Forces Retirement Benefits Act 1948-1962 (not being pension payable to a widow under section fifty-seven of that Act), the amount of that pension per annum is, in lieu of the amount that, but for this section, would be payable, an amount ascertained in accordance with the succeeding provisions of this section.

(3.) Subject to the next two succeeding sub-sections, the amount of pension per annum payable in pursuance of the last preceding sub-section to or in respect of a person is—

(a) an amount equal to the amount of pension per annum that would have been payable to or in respect of the person by virtue of the Defence Forces Retirement Benefits Act 1959-1961 if this Act other than sub-section (2.) of section fourteen of this Act had not been enacted; or

(b) if the person was, immediately before he ceased to be a member, included within a category other than the category within which he was included immediately before the commencing date—whichever is the greater of—

(i) the amount referred to in the last preceding paragraph; or

(ii) the sum of that amount and an amount ascertained in accordance with the formula (A—B)—(C—D), where—

A is the amount of pension per annum that would have been payable to or in respect of the person under the Defence Forces Retirement Benefits Act 1948-1962 if the provisions of this Part and of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted;

B is the amount of pension per annum that would have been payable to or in respect of the person under the Defence

Forces Retirement Benefits Act 1948-1962 if the provisions of this Part and of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted and the category within which he was included immediately before he ceased to be a member had been the category within which he was included immediately before the commencing date;

C is the amount of pension per annum that would have been payable to or in respect of the person under the Principal Act if this Act other than sub-section (2.) of section five of this Act and the provisions of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted; and

D is the amount of pension per annum that would have been payable to or in respect of the person under the Principal Act if this Act other than sub-section (2.) of section five of this Act and the provisions of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted and the category within which he was included immediately before he ceased to be a member had been the category within which he was included immediately before the commencing date.

(4.) Where a person to whom this section applies, being an officer, ceased to be a member after the expiration of two years after he attained the retiring age for the rank held by. him immediately before the commencing date, the amounts of pension per annum respectively represented by the symbols B and D in the formula set out in the last preceding sub-section shall be determined without regard to sub-section (4.) of section thirty-eight of the Defence Forces Retirement Benefits Act 1948-1959 or of that Act as amended from time to time.

(5.) In ascertaining the amount of the pension payable to the widow of a person to whom this section applies and who made an election under section forty-seven or section forty-eight of the Defence Forces Retirement Benefits Act 1959 or of that Act as amended, the amount ascertained in accordance with the formula specified in sub-paragraph (ii) of paragraph (b) of sub-section (3.) of this section shall be reduced by one-fifth.

Pension to or in respect of contributor for portion of maximum additional basic pension.

39.—(1.) This section applies to a person who—

(a) has ceased to be a member; and

(b) immediately before he so ceased, was a contributor for portion of maximum additional basic pension.

(3.) The amount of pension per annum payable in pursuance of the last preceding sub-section to or in respect of a person is the sum of—

(a) an amount equal to the amount of pension per annum that would have been payable to or in respect of the person if he had, immediately before he ceased to be a member, been a contributor not contributing for additional basic pension; and

(b) an amount that bears to an amount equal to the difference between—

(i) the amount of pension per annum that would have been payable to or in respect of the person if he had, immediately before he ceased to be a member, been a contributor for maximum additional basic pension; and

(ii) the amount referred to in the last preceding paragraph,

the same proportion as the amount of his additional basic pension immediately before he ceased to be a member bears to the amount of his maximum additional basic pension.

Pension to or in respect of certain contributors for maximum additional basic pension.

40.—(1.) This section applies to a person who—

(a) has ceased to be a member; and

(b) immediately before he so ceased, was a contributor for maximum additional basic pension under this Part but was not a contributor for maximum additional basic pension under Part III. of the Defence Forces Retirement Benefits Act 1959-1962.

(3.) The amount of pension per annum payable in pursuance of the last preceding sub-section to or in respect of a person is whichever is the greater of the following amounts:—

(b) the sum of the amount referred to in the last preceding paragraph and an amount equal to the difference between—

(i) the amount of pension per annum that would have been payable to or in respect of the person under the Defence Forces Retirement Benefits Act 1948—1962 if the provisions of this Part and of Part III. of the Defence Forces Retirement Benefits Act 1959 had not been enacted, reduced, in the case of a pension payable to the widow of a person who made an election under section forty-seven or section forty-eight of that last-mentioned Act or of that Act as amended, by one-fifth; and

(ii) the amount of pension per annum that would have been payable to or in respect of the person by virtue of Part III. of the Defence Forces Retirement Benefits Act 1959-1961 if this Act other than sub-section (2.) of section fourteen of this Act had not been enacted and he had been a contributor for maximum additional basic pension under that Part.

Reduction in certain pensions.

41.—(1.) This section applies to a prescribed contributor who retires and, immediately before his retirement, was a contributor for maximum additional basic pension or a contributor for portion of maximum additional basic pension or was making contributions to the Fund under section thirty-one or section thirty-three of this Act.

(2.) Where a prescribed contributor to whom this section applies—

(a) having been an officer—is entitled to a pension under the Defence Forces Retirement Benefits Act 1948-1962 by virtue of paragraph (b) or (c) of sub-section (2.) of section thirty-nine of that Act; or

(b) not having been an officer—retired before completing the engagement under which he was serving immediately before his retirement and is entitled to a pension under section forty-one of that Act,

the pension may be reduced by the Board to such extent as is determined by the Board on the advice of the Commonwealth Actuary unless, within one month after his retirement or within such further period as the Board allows, he pays to the Fund a contribution of such amount as is determined by the Board on the advice of the Commonwealth Actuary.

(3.) The Commonwealth Actuary shall, in advising the Board in relation to a person for the purposes of the last preceding sub-section, have regard to the amount of the additional basic pension of the person, and to the amount of the contributions being made by him under this Part (other than under section twenty-seven of this Act), immediately before his retirement.

Application of certain provisions of Defence Forces Retirement Benefits Act 1948-1962.

42. Nothing in this Part shall be construed as affecting the application of the provisions of section forty-two a, section fifty or sub-section (10.) of section fifty-two of the Defence Forces Retirement Benefits Act 1948-1962 to or in relation to a prescribed contributor.

Special provisions relating to certain Air Force Officers.

43.—(1.) This section applies to a prescribed contributor to whom section seventy-six of the Defence Forces Retirement Benefits Act 1959-1962 applies.

(2.) Subject to this section, this Part does not apply to or in relation to a prescribed contributor to whom this section applies.

(3.) The Board may, if it thinks fit, on application by a prescribed contributor to whom this section applies made within four months after the commencing date, enter into an agreement with him under which provision is made for the contributor to make contributions to the Fund in addition to those that he is otherwise required to make and for the amount of any benefit payable to or in respect of the contributor to be increased accordingly.

Deferment of payment of contributions.

44.—(1.) In this section—

“additional contributions”, in relation to a prescribed contributor, means the contributions that he is required to make to the Fund under this Part (other than under section twenty-seven, section thirty, section thirty-two, section thirty-three, section thirty-four or section thirty-five of this Act);

“daily rate of pay”, in relation to a prescribed contributor, means his daily rate of pay on the commencing date.

(2.) Where—

(a) a prescribed contributor makes or is entitled to make an election under section twenty-eight of this Act; and

(b) the sum of—

(i) the amount of additional contributions to be paid fortnightly by him to the Fund; and

(ii) the amount of the contributions that he was required to pay fortnightly to the Fund immediately before the commencing date,

exceeds one-tenth in the case of an officer, or one-twentieth in any other case, of the product of his daily rate of pay and fourteen,

he may, subject to this section, by notice in writing given to the Board on, or within six months after, the commencing date, inform the Board that he wishes to defer payment of his fortnightly additional contributions or of such part of those contributions as is specified in the notice.

(3.) Where a contributor gives a notice under the last preceding sub-section—

(a) payment of his fortnightly additional contributions or of the part of those contributions specified in the notice, as the case may be, (in this sub-section referred to as “the deferred contributions”) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contributions;

(d) if any such amount is not so paid, the rate of any pension payable to or in respect of the contributor shall be reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary, having regard to the amount not paid, or, in the event of the death of the contributor, or of the contributor otherwise ceasing to be a member, in such circumstances that no pension becomes payable to or in respect of the contributor, any such amount—

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(4.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

(5.) The amount of the contributor’s fortnightly payment to the Fund in respect of his additional contributions shall not, by virtue of this section, be reduced to an amount that, together with the amount referred to in sub-paragraph (ii) of paragraph (b) of sub-section (2.) of this section, is less than one-tenth in the case of an officer, or one-twentieth in any other case, of the product of his daily rate of pay and fourteen.

(6.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Deferment of payment of contribution payable under section 30 or 32 of this Act.

45.—(1.) A prescribed contributor who is required to make a contribution to the Fund under section thirty or section thirty-two of this Act may, by notice in writing given to the Board within one month after the commencing date, or within such further time as the Board allows, inform the Board that he wishes to defer payment of the contribution or of such part of the contribution as is specified in the notice.

(2.) Where a contributor gives a notice under the last preceding sub-section—

(a) payment of his contribution or of the part of the contribution specified in the notice, as the case may be, (in this sub-section referred to as “the deferred contribution”) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contribution;

(c) the amount of the deferred contribution and interest upon the deferred contribution, or of so much of the deferred contribution and of that interest as has not previously been paid, shall be paid to the Fund within one month after the contributor ceases to be a member or within such further period as the Board allows; and

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(3.) Where an amount is deducted by the Board under the last preceding sub-section from any benefit and the benefit consists of a refund of contributions and a gratuity, the deduction shall be made successively from the amount of the refund and the amount of the gratuity.

(4.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Deferment of payment of contributions payable on change of category, &c.

46.—(1.) In this section—

“additional contributions”, in relation to a prescribed contributor whose category or retiring age has changed, means the contributions that he is, by reason of the change, required to make to the Fund under section thirty-three of this Act;

“retiring age”, in relation to a prescribed contributor, means the age that is the retiring age for the rank held by him.

(2.) Where, on application by a prescribed contributor whose category or retiring age has changed, the Board is satisfied that the contributor would suffer hardship if he were required to pay additional contributions fortnightly to the Fund, the Board may consent to the deferment of payment of the whole or any part of the additional contributions.

(3.) Where the Board so consents—

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contributions;

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(5.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Deferment of payment of contribution payable under section 34 of this Act.

47.—(1.) Where, on application by a prescribed contributor who is required to make a contribution to the Fund under section thirty-four of this Act, the Board is satisfied that the contributor would suffer hardship if he were required to pay that contribution to the Fund, the Board may consent to the deferment of payment of the whole or any part of that contribution.

(2.) Where the Board so consents—

(a) payment of the contribution or of the part of the contribution (in this sub-section referred to as “the deferred contribution”) shall be deferred;

(b) compound interest at the rate of five per centum per annum is payable to the Fund upon the deferred contribution;

(i) shall, to the extent that it does not exceed the amount of any benefit payable to or in respect of the contributor, be deducted by the Board from the benefit; and

(ii) may, to the extent, if any, that it exceeds the amount of any such benefit, be recovered by the Board as a debt due by the contributor to the Board in any court of competent jurisdiction.

(4.) This section has effect notwithstanding anything contained in any other provision of this Act or in any provision of the Defence Forces Retirement Benefits Act 1948-1962.

Pensions of certain existing contributors not to be reduced.

48. Notwithstanding anything contained in the Defence Forces Retirement Benefits Act 1948-1962, where pension becomes payable under that Act (not being pension payable to a widow under section fifty-seven of that Act) to or in respect of an existing contributor who, immediately before pension became so payable, was included within the category within which he was included immediately before the commencing date, the rate of that pension shall not be less than the rate of pension that would have been payable to or in respect of him under the Principal Act if this Act had not been enacted.

Provisions relating to contributions of certain contributors.

49.—(1.) In this section—

“future rate of pension”, in relation to an existing contributor, means the rate of pension that is specified in the Fifth Schedule to the Defence Forces Retirement Benefits Act 1948-1962 opposite to the category within which he was included immediately before the commencing date;

“previous rate of pension”, in relation to an existing contributor, means the rate of pension that was specified in the Fifth Schedule to the Principal Act opposite to the category within which, for the purposes of the Principal Act, he was included immediately before the commencing date.

(2.) Notwithstanding anything contained in the Defence Forces Retirement Benefits Act 1948-1962—

(a) where the future rate of pension applicable to an existing contributor is less than the previous rate of pension applicable to him, the amount of the fortnightly contributions that are payable by him to the Fund under that Act during any period when he is included within the category within which he was included immediately before the commencing date shall be equal to the amount of the fortnightly contributions that would have been payable by him to the Fund during that period under the Principal Act if this Act had not been enacted; and

(b) where the future rate of pension applicable to an existing contributor is equal to the previous rate of pension applicable to him, the amount of the fortnightly contributions that are payable by him to the Fund under that Act during any period when he is included within the category within which he was included immediately before the commencing date shall not exceed the amount of the fortnightly contributions that would have been payable by him to the Fund during that period under the Principal Act if this Act had not been enacted.

Existing pensioners.

50. The amendments of the Principal Act made by this Act do not apply to or in relation to—

(a) a person who had become entitled to pension under the Principal Act before the commencing date or a person who becomes the widow of such a person on or after that date; or

(b) any pension that is or becomes payable to a person referred to in the last preceding paragraph.