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Defence Force Retirement and Death Benefits Act 1973
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Administered by
Department of Defence
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C2026C00113 C48
01 April 2026
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Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Retiring age for rank held
5 Continuity of service
5A Persons excluded from definition of eligible member of the Defence Force
5B Continuous full-time Reservists whose engagements span 30 June 2016
6 Non-effective service
6A Marital or couple relationship
6B Spouse who survives a deceased person
6BA Benefits for certain spouses in post-retirement marital or couple relationships
6C Surcharge deduction amount
6D Application of the Criminal Code
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Part III—Contributions
17 Contributions by members of scheme
18 Contributions not to be paid during periods of non-effective service
18A Contributions not to be paid after 40 years of effective service
19 Amount of fortnightly contributions
20 Amount of contributions on reduction in pay
21 Purchase of previous non-contributory service
22 Deductions of contributions from pay
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Part IV—Retirement benefits
23 Entitlement to retirement pay
24 Commutation of retirement pay
25 Rate of retirement pay applicable to certain existing contributors
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Part V—Invalidity benefits
26 Invalidity benefit
27 Incapacity due to wilful action
28 Pre-existing invalidity or incapacity
29 Invalidity or incapacity arising during absence without leave exceeding 60 days
30 Classification in respect of incapacity
31 Class A and Class B invalidity pay
32 Class C invalidity benefit
32A Commutation of Class C invalidity pay
33 Rate of invalidity pay applicable to certain existing contributors
34 Reclassification in respect of incapacity
35 Power of CSC to require persons to be medically examined etc.
36 Invalidity benefits payable to certain contributors under Superannuation Act or the Superannuation Act 1990
37 Chief of the Defence Force may inform CSC of grounds of retirement
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Part VI—Benefits on death of member of scheme
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Division 1—Spouse’s pension
38 Spouse’s pension on death of contributing member
39 Spouse’s pension on death of recipient member
40 Set off against spouse’s pension in certain circumstances
41 Rate of pension payable on death of member of scheme leaving more than one spouse
41A Commutation of spouse’s pension
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Division 2—Children’s pensions
42 Eligible children other than orphans
43 Eligible orphans
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Division 2A—Special pensions
43A Special pensions
44 Restoration of pensions for remarried widows and widowers
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Division 3—Miscellaneous
45 Payment of benefits otherwise than to person entitled
46 Superannuation Act and the Superannuation Act 1990
47 Death of recipient member etc. due to retirement disabilities etc.
48 Lump sum payments on or after death—members with only one period of effective service
48A Lump sum payments on or after death—members with more than one period of effective service
49 Death of contributing member after 60 days absence without leave
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Part VIA—Family law superannuation splitting
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Division 1—Preliminary
49A Definitions
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Division 2—Benefits for non-member spouse
49B Associate pension for non-member spouse if operative time in payment phase
49C Commutation of small associate pension
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Division 3—Reduction of benefits for member spouse
49D Operative time during growth phase—reduction of later standard pension or lump sum amount
49E Operative time during payment phase—reduction of standard pension or lump sum amount
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Division 4—Miscellaneous
49F Ministerial Orders
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Part VIB—Release of benefit to meet deferred Division 293 or 296 tax liability
49K Release of benefits under a release authority
49L Limit on amount that may be released
49M Priority order in relation to commutation of pension
49N Calculation of person’s benefits after payment of release authority lump sum
49P Modification for candidates at parliamentary elections
49Q Modification for section 62
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Part VII—Candidates at parliamentary elections
50 Interpretation
51 Election by re-instated candidate
52 Effect of election under section 51
53 Refund of benefits by re-instated candidates to whom this Part applies
54 Re-instated candidates to whom Part does not apply
55 Rights of contributing members who resign to contest elections and are not re-instated
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Part VIII—General provisions applicable to contributions and benefits
56 Refund of contributions
57 Election by officer on short service commission who continues to serve in respect of period of service under short service commission
59 Instalments of pension benefits
60 Prescribed basic annual rate of pay
61 Payment of refund of contributions or of lump sum payment to CSC in discharge of liability under Superannuation Act
61A Payment of refund of contributions or of lump sum payment to CSC in discharge of liability under the Superannuation Act 1990
62 Recipient member who becomes eligible member
63 Non-recipient retired member who again becomes an eligible member within 90 days
64 Non-recipient retired member who again becomes an eligible member after 90 days
65 Application of sections 63 and 64 to benefit under subsection 32(2)
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Part IX—Preservation of rights of certain members of the scheme
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Division 1—Preliminary
66 Interpretation
67 Variation of determinations by CSC
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Division 2—Contributing members who have preserved rights from previous employment
68 Transfer value payable in respect of previous employment
69 Members who pay transfer values to Commonwealth
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Division 3—Preservation of rights of contributing members ceasing to be eligible members of the Defence Force
70 Interpretation
71 Eligible employment
72 Public employment
73 Eligible superannuation schemes
74 Transfer value
75 Deferred benefits
76 Election that Division apply
77 Circumstances in which transfer value payable
78 Circumstances in which person entitled to deferred benefits
79 Person who is entitled to rights under this Division not entitled to other retirement benefits
80 Certain former contributing members not entitled to benefits under this Division
81 Member who resigned to contest an election
82 Provisions applicable to certain recipient members restored to health
83 Person entitled to deferred benefits again becoming a member etc. before benefits payable
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Division 4—Miscellaneous
84 Special provisions affecting former members of certain superannuation schemes
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Part X—Contributors under previous benefits scheme etc.
85 Interpretation
86 Refund of previous contributions
87 Additional contribution by certain pre-1959 contributors
87A Additional contributions by certain persons purchasing service under section 27 of the previous Act
88 Contribution equal to deferred contributions under previous Act
89 Purchase of previous non-contributory service
90 Elections to become contributors by certain members
91 Certain periods of previous service deemed to be periods of effective service
92 Application of Act in respect of elections under subsection 4A(3B) of previous Act
93 Election by member of scheme to whom subsection 69(1A) of previous Act applies
94 Death of contributing member after 60 days absence without leave
95 Pre-existing invalidity or incapacity
96 Invalidity classification
97 Medical examination of member of scheme entitled to invalidity pay
98 Incapacity due to wilful action
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Part XA—Pension increases
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Division 1—Introduction
98AA Simplified outline of this Part
98A Definitions
98AB Substitutions and changes by Statistician
98AC Rounding of percentages
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Division 2—General provisions about pension increases
98AD Simplified outline of this Division
98B Increase in certain pensions
98C Application of increase to suspended pension benefits
98D Adjustment of increase in case of certain pension benefits
98E Date of payment of increases
98F Rate of invalidity pay payable on reclassification during a prescribed half-year
98G Commutation of pension benefits during a prescribed half-year
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Division 3—Increase for pensioners aged 55 or older
98GA Simplified outline of this Division
98GB Increase for pensioners aged 55 or older
98GC Indicative pension amount
98GD LCI percentage
98GE MTAWE result
98GF 55-plus percentage if MTAWE result is higher
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Part XB—Provisions relating to certain members of the Defence Force
98H Interpretation
98J Waiving of contributions
98K Variation of pension benefits
98L Commutation of retirement pay and invalidity pay
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Part XI—Review of decisions by CSC
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Division 1—Review of decisions by CSC
99 Review of decisions of CSC
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Division 2—Defence Force Case Assessment Panel
100 Establishment
101 Members
102 Functions
103 Proceedings
104 Indemnification
105 Remuneration and allowances
106 Recommendations by Panel to CSC
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Division 3—Review of decisions by the Administrative Review Tribunal
107 Review by the Administrative Review Tribunal
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Part XII—Miscellaneous
124 Election relating to surcharge deduction amount
124A Determinations with respect to surcharge deduction amount
124B Recoverable payments
124C Recoverable death payments
124D Reports about recoverable payments and recoverable death payments
125 Payments by the Commonwealth
126 Recovery of amounts payable to Commonwealth
127 Recipient member etc. to inform CSC if he becomes eligible member
128 Extension of periods of elections
128A Cancellation of elections
129 Assignment of pensions
130 Attachment of benefits
130A Repayment of amounts that have been refunded to the Commonwealth
130B Trustee of Scheme for purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997
131 Regulations
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Part XIII—Transfer to MSB scheme
132 Election to remain member of scheme or to join MSB scheme
133 Election where member dies
134 Effect of election
135 Loss of entitlement to benefits etc.
136 Failure to make election
137 Certain persons liable to make repayments to Commonwealth on making of election
138 Persons precluded from transferring to MSB scheme
Schedule 1—Retirement pay expressed as a percentage of annual rate of pay
Schedule 2—Notional retiring age for certain officers retiring at own request or on disciplinary grounds, or entitled to deferred benefit retirement pay
Schedule 3—Commutation of retirement pay and Class C invalidity pay—expectation of life factor
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
