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Defence Force Retirement and Death Benefits Act 1973No. 81, 1973

In force

Administered by

Department of Defence

Latest version

View as made version

C2026C00113 C48

01 April 2026

Table of contents

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
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
Part IV—Retirement benefits
- 23 Entitlement to retirement pay
- 24 Commutation of retirement pay
- 25 Rate of retirement pay applicable to certain existing contributors
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
Part VI—Benefits on death of member of scheme
- Division 1—Spouse’s pension
- Division 2—Children’s pensions
  - 42 Eligible children other than orphans
  - 43 Eligible orphans
- Division 2A—Special pensions
  - 43A Special pensions
  - 44 Restoration of pensions for remarried widows and widowers
- Division 3—Miscellaneous
Part VIA—Family law superannuation splitting
- Division 1—Preliminary
  - 49A Definitions
- 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
- 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
- Division 4—Miscellaneous
  - 49F Ministerial Orders
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
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
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)
Part IX—Preservation of rights of certain members of the scheme
- Division 1—Preliminary
  - 66 Interpretation
  - 67 Variation of determinations by CSC
- 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
- Division 3—Preservation of rights of contributing members ceasing to be eligible members of the Defence Force
- Division 4—Miscellaneous
  - 84 Special provisions affecting former members of certain superannuation schemes
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
Part XA—Pension increases
- Division 1—Introduction
- Division 2—General provisions about pension increases
- Division 3—Increase for pensioners aged 55 or older
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
Part XI—Review of decisions by CSC
- Division 1—Review of decisions by CSC
  - 99 Review of decisions of CSC
- Division 2—Defence Force Case Assessment Panel
- Division 3—Review of decisions by the Administrative Review Tribunal
  - 107 Review by the Administrative Review Tribunal
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
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
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history