Defence Forces Retirement Benefits

No. 70 of 1966

An Act to amend the Defence Forces Retirement Benefits Act 1948–1965, the Defence Forces Retirement Benefits Act 1959–1965 and the Defence Forces Retirement Benefits Act (No. 2) 1965 in relation to Orphans’ Pensions.

[Assented to 29 October 1966]

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

Short title and citation.

1.—(1.) This Act may be cited as the Defence Forces Retirement Benefits Act 1966.

(2.) The Defence Forces Retirement Benefits Act 1948–1965 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 1948–1966.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Commonwealth contributions in respect of pensions.

3. Section 32 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) Where a payment of pension is made in respect of a child and the rate of the pension is, in accordance with sub-section (3.) of section fifty-five, sub-section (5.) of section fifty-seven, or sub-section (1a.) of section fifty-eight, of this Act, determined in whole or in part by reference to the pension that would but for her death or divorce, have been payable to the widow or wife referred to in whichever of those sub-sections is applicable, the Commonwealth shall, in lieu of any other amount payable by the Commonwealth to the Fund under sub-section (1.) of this section in respect of the payment of pension, pay to the Fund, in respect of that payment of pension, an amount determined in accordance with the formula—

where—

A is an amount equal to seventy-seven and one-half per centum of the amount that would have been the amount of that payment of pension if the pension had been payable at the rate of Two hundred and eight dollars per annum;

B is the amount that, if the widow or the wife had survived or had not been divorced and a payment of pension had been made to her by virtue of paragraph (a) of sub-section (1.) of section fifty-five, or paragraph (a) of sub-section (1.) or sub-section (3.) of section fifty-seven, of this Act, as the case may be, in respect of the same period as the period for which the payment of pension in respect of the child was made, would have been payable by the Commonwealth to the Fund in respect of that payment of pension to the widow or wife; and

C is the number that, in relation to the pension payable in respect of the child, is the divisor for the purposes of sub-section (3.) of section fifty-five, sub-section (5.) of section fifty-seven, or sub-section (1a.) of section fifty-eight of this Act, whichever sub-section is applicable.”.

Pension on death of married member.

4. Section 55 of the Principal Act is amended—

(a) by adding at the end of sub-section (2.) the words “or at a rate of such amount per annum as is determined in accordance with the next succeeding sub-section, whichever rate is the higher”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) The amount to be determined for the purposes of the last preceding sub-section is an amount ascertained by dividing by four (or, if the number of eligible children of the widow and of the member in respect of whom pension is payable under this section is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for her death, would, by virtue of paragraph (a) of sub-section (1.) of this section, have been payable to the widow.”.

Pension on death of pensioner.

5. Section 57 of the Principal Act is amended—

(a) by adding at the end of sub-section (4.) the words “or at a rate of such amount per annum as is determined in accordance with the next succeeding sub-section, whichever rate is the higher”; and

(b) by adding at the end thereof the following sub-section:—

“(5.) The amount to be determined for the purposes of the last preceding sub-section is an amount ascertained by dividing by four (or, if the number of eligible children of the widow and of the male pensioner in respect of whom pension is payable under this section is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for her death, would, by virtue of paragraph (a) of sub-section (1.), or sub-section (3.), of this section, have been payable to the widow.”.

Pensions payable in respect of orphans.

6. Section 58 of the Principal Act is amended—

(a) by adding at the end of sub-section (1.) the words “or at a rate of such amount per annum as is determined in accordance with the next succeeding sub-section, whichever rate is the higher”;

(b) by inserting after sub-section (1.) the following sub-sections:—

“(1a.) The amount to be determined for the purposes of the last preceding sub-section is the sum of Two hundred and eight dollars and an amount ascertained by dividing by four (or, if the number of eligible children of the contributor or male pensioner and of his wife in respect of whom pension is payable under this section is greater than four, by the number of those children) the amount of the annual rate of the pension that, but for her death or divorce, would, by virtue of paragraph (a) of sub-section (1.) of section fifty-five of this Act, or paragraph (a) of sub-section (1.), or sub-section (3.), of the last preceding section, as the case may be, have been payable to his wife.

“(1b.) In the application of sub-section (1.) of this section in relation to a deceased male pensioner who remarried after he became a pensioner, the reference in that sub-section to the wife of a pensioner shall be read as not including a reference to the person who became the wife of the pensioner on that remarriage.”; and

(c) by omitting from sub-section (2.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (1.) of this section”.

Children’s pensions payable to guardian.

7. Section 64 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where sub-section (2.) of section fifty-five, sub-section (4.) of section fifty-seven, or sub-section (1.) of section fifty-eight, of this Act applies in respect of a child, pension (including any addition to pension) in respect of the child is payable to the guardian of the child to be used for the support and education of the child.”.

Amendment of the Defence Forces Retirement Benefits Act 1959–1965.

8.—(1.) Section 61 of the Defence Forces Retirement Benefits Act 1959–1965 is amended by adding at the end thereof the following sub-section:—

“(2.) Where a payment of pension (being a payment to which, but for this sub-section, the last preceding sub-section would apply) is made in respect of a child and the rate of the pension is, in accordance with sub-section (3.) of section fifty-five, sub-section (5.) of section fifty-seven, or sub-section (1a.) of section fifty-eight, of the Defence Forces Retirement Benefits Act 1948–1966, determined in whole or in part by reference to the pension that would, but for her death or divorce have been payable to the widow or wife referred to in whichever of those sub-sections is applicable, the Commonwealth shall, in lieu of making a payment to the Fund under the last preceding sub-section in respect of the payment of pension, pay to the Fund, in respect of that payment of pension, an amount determined in accordance with the formula—

where—

A is an amount equal to eighty-five per centum of the amount that would have been the amount of that payment of pension if the pension had been payable at the rate of Two hundred and eight dollars per annum;

B is the amount that, if the widow or the wife had survived or had not been divorced and a payment of pension had been made to her by virtue of paragraph (a) of sub-section (1.) of section fifty-five, or paragraph (a) of sub-section (1.) or sub-section (3.) of section fifty-seven, of the Defence Forces Retirement Benefits Act 1948–1966, as the case may be, in respect of the same period as the period for which the payment of pension in respect of the child was made, would have been payable by the Commonwealth to the Fund in respect of that payment of pension to the widow or wife; and

(2.) The Defence Forces Retirement Benefits Act 1959–1965, as amended by this Act, may be cited as the Defence Forces Retirement Benefits Act 1959–1966.

Amendment of the Defence Forces Retirement Benefits Act (No. 2) 1965.

9.—(1.) Section 20 of the Defence Forces Retirement Benefits Act (No. 2) 1965 is amended by adding at the end thereof the following sub-section:—

“(2.) Where a payment of pension (being a payment to which, but for this sub-section, the last preceding sub-section would apply) is made in respect of a child referred to in the last preceding sub-section and the rate of the pension is, in accordance with sub-section (3.) of section fifty-five, sub-section (5.) of section fifty-seven, or sub-section (1a.) of section fifty-eight, of the Defence Forces Retirement Benefits Act 1948–1966, determined in whole or in part by reference to the pension that would, but for her death or divorce, have been payable to the widow or wife referred to in whichever of those sub-sections is applicable, the Commonwealth shall, in lieu of making a payment to the Fund under the last preceding sub-section in respect of the payment of pension, pay to the Fund, in respect of that payment of pension, an amount determined in accordance with the formula—

where—

B is the amount that, if the widow or the wife had survived or had not been divorced and a payment of pension had been made to her by virtue of paragraph (a) of sub-section (1.) of section fifty-five, or paragraph (a) of sub-section (1.) or sub-section (3.) of section fifty-seven, of the Defence Forces Retirement Benefits Act 1948–1966, as the case may be, in respect of the same period as the period for which the payment of pension in respect of the child was made, would have been payable by the Commonwealth to the Fund in respect of that payment of pension to the widow or wife; and

(2.) The Defence Forces Retirement Benefits Act (No. 2) 1965, as amended by this Act, may be cited as the Defence Forces Retirement Benefits Act (No. 2) 1965–1966.

Application of amendments.

10. Increases in pensions payable by virtue of the amendments made by this Act are payable as from the first fortnightly payment of pensions made after the date on which this Act receives the Royal Assent.