This section applies to an officer who:

An officer to whom this section applies is entitled, on his retirement on or after attaining the retiring age for the rank held by him, to pension in accordance with the succeeding provisions of this section.

Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.

Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.

Where an officer has completed more than 2 years’ service after attaining the retiring age for the rank held by him, the pension payable to him under this section shall be the pension that would have been so payable if he had retired upon completing 2 years’ service after attaining that retiring age.

This section does not apply to a person who retires on or after 1 October 1972.

This section applies to an officer who:

Where:

Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.

Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.

In the application of subsections (3) and (3A) to an officer referred to in paragraph (2)(a), the age of that officer at the date of his retirement shall be deemed to be his actual age on that date reduced by:

This section does not apply to a person who retires on or after 1 October 1972.

This section applies to a member, not being an officer, who:

A member to whom this section applies is entitled to a pension on his retirement after completion of his engagement or, if he has had successive and continuous engagements, after completion of the last of those engagements.

Subject to this Act, the rate at which pension is payable to a member under this section is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on the date of his retirement and, except where he has completed 40 years’ service for pension, multiplying the result by the factor set out in the third column of the Second Schedule opposite to the number of years set out in the second column of that Schedule that is the number of years of service for pension completed by him.

This section does not apply to a person who retires on or after 1 October 1972.

Except as otherwise provided in this Act, where a member (not being an officer), who is a contributor, retires before completing the engagement under which he was serving immediately prior to his retirement, he shall be entitled to a refund of the amount of any contributions paid by him under this Act in respect of the period served under the uncompleted engagement and shall also be entitled, as from the date of his retirement, to the pension or benefits (if any) to which he would have been entitled if he had retired immediately before commencing to serve under that engagement:

Provided that a member who has completed 20 years’ service for pension prior to attaining the retiring age for his rank and retires with the approval of the Service Board shall not be entitled to a refund under this section, but shall be entitled to the same pension as that to which he would have been entitled if the pension had been granted under section 41 and if the engagement, which was uncompleted at the date of his retirement, had been an engagement for the completed portion thereof and he had retired on the completion of that engagement.

This section does not apply to a person who retires on or after 1 October 1972.

Subject to this section, a member shall not, for the purposes of sections 41, 42 and 43, be deemed to have completed an engagement unless he has served under the engagement up to the date on which the engagement was due to terminate.

Where a member, before the completion of his engagement, or, if he has had successive and continuous engagements, before the completion of the last of those engagements:

Notwithstanding anything contained in this Act, if a person entitled to a pension under this Act is, on retirement, requested by the Service Board to serve on the Reserve maintained by the Service of which the person was a member and the person:

The sum of the deductions made from instalments of the pension of a person under subsection (1) shall not exceed:

Where, under this section, an amount is deducted from a payment of pension to a person, the amount that, but for this subsection, the Commonwealth would be required to pay to the Fund under this Act in respect of the payment shall be such amount as the Commonwealth would have been required to pay if the deduction had not been made less the amount of the deduction.

Subject to subsection (3), where:

Where a person (not being a person to whom the Authority shall determine the percentage of total incapacity of the person in relation to civil employment and shall classify the person according to the percentage of incapacity as follows:section 52A applies) is, or is about to become, entitled to benefit by virtue of subsection (1),

Percentage of Incapacity Class

60 or over A 30 or over but less than 60 B

Less than 30 C

Where:

Where a deceased member of the scheme is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.

Where:

(4) Where a person who has ceased to be a member again becomes a member (other than a person referred to in re-instated candidate to whom this Part applies), subsection (3) applies in relation to him as if he had become a contributor at the time he commenced to make contributions after again becoming a member.Part VIA as a

This section does not apply to a person who retires on or after 1 October 1972.

Where a member who is a contributor has, before 1 October 1972, been retired otherwise than on the ground of invalidity or of physical or mental incapacity to perform his duties but the Chief of the Defence Force or a person authorized in writing by the Chief of the Defence Force informs the Authority that, at the time the member was retired, grounds existed on which he could have been retired on the ground of invalidity or of physical or mental incapacity to perform his duties, he may, for the purposes of this Act, be treated as if he had been retired on that ground.

A person who is entitled to invalidity benefit and is classified as Class A under subsection 51(2) is entitled to a pension at a rate of such amount per annum as is ascertained by multiplying the amount of $91 by the number that is his category number on the date of his retirement.

A person who is entitled to invalidity benefit, is classified as Class B under subsection 51(2) and was an officer immediately before his retirement is entitled to a pension:

A person who is entitled to invalidity benefit, is classified as Class B under subsection 51(2) and was not an officer immediately before his retirement is entitled to a pension:

Where a person to whom paragraph (3)(a) applies retired before completing the engagement under which he was serving on the date of his retirement and before attaining the retiring age for the rank held by him, then, for the purpose of determining the rate at which pension is payable to him, his period of service for pension shall be deemed to be the period that would have been his period of service for pension if he had retired upon completing that engagement.

A person who is entitled to invalidity benefit, is classified as Class C under subsection 51(2) and was an officer immediately before his retirement is entitled:

Subject to subsection (7), the gratuity to which a person is entitled under paragraph (5)(c) is an amount calculated at the rate of $150 if the person is a male, or $75 if the person is a female, for each year of service for pension completed by the person.

Where the period of service for pension of a person who was an officer immediately before his retirement includes a period served by the person as a member other than an officer, the gratuity to which the person is entitled under paragraph (5)(c) is the sum of:

A person who is entitled to invalidity benefit, is classified as Class C under subsection 51(2) and was not an officer immediately before his retirement is entitled:

(9) For the purposes of subsections (6) and (7) and subparagraphs (8)(b)(i) and (ii), service for pension includes service before attaining the age of 20 years under any engagement under which the person has served, but does not include any period of such service under an initial engagement of less than one year.

Where at any time the Authority is satisfied that the value of any invalidity benefit payable to a person who was an officer immediately before his retirement and was retired on or after attaining the retiring age for the rank held by him is less than the value of any benefit to which he would have been entitled under this Act if he had not been entitled to invalidity benefit, the Authority may vary the invalidity benefit to such extent as it thinks proper in the circumstances, but not so as to reduce its value.

(1) This section applies to a member who becomes entitled to benefit by virtue of subsection 51(1) of this Act and who, at the time he becomes so entitled, is an employee for the purposes of the Superannuation Act 1922-1968 whose liability to make contributions to the Superannuation Fund is deferred by virtue of section 35A of that Act or is a person whose entitlement to a pension under that Act is suspended by force of subsection 48C(1) of that Act.

Notwithstanding anything contained in section 52, the invalidity benefit to which a person to whom this section applies is entitled is, in addition to a refund under section 60 of the amount of contributions paid by him under this Act, the gratuity to which he would have been entitled if:

The Authority may, from time to time, if it is satisfied that the percentage of incapacity in relation to civil employment of a pensioner classified under section 51 is such that the classification of the pensioner should be altered, reclassify him in the appropriate classification set out in subsection 51(2) according to the percentage of his incapacity in relation to civil employment.

(1AA) If, at a time when the Authority is reviewing, but has not yet determined, for the purposes of subsection (1), the percentage of incapacity in relation to civil employment of a pensioner, the pensioner dies:

In determining:

(1B) In subsection (1A), prescribed physical or mental impairment, in relation to a pensioner or a deceased pensioner, means:

Where a person is reclassified under this section, the Authority shall specify the date from which the reclassification has effect and, on and after that date, the person shall, for the purposes of section 52, be deemed to be classified accordingly.

Where a deceased person is reclassified under this section:

If, upon reclassification as Class C, a person would, but for this subsection, be entitled in accordance with section 52 to invalidity benefit consisting of a refund of contributions and a gratuity, he is entitled to that benefit only to the extent that it exceeds the sum of the payments of pension received by him as invalidity benefit.

(4) In this section, pensioner includes a person who is classified as Class C by reason of his having been reclassified (whether before or after the commencement of this subsection) under subsection (1) of this section, whether or not the person is entitled to a pension.

The Authority may, by notice in writing to a person to whom a pension, being invalidity benefit, is being paid, require that person:

A notice under subsection (1) shall set out the effect of subsection (3).

Where a person fails to comply with a notice given under subsection (1) and the Authority is not satisfied that there was a reasonable excuse for the failure, the Authority may, by notice in writing given to the person, suspend the person’s pension with effect from such day as the Authority determines, being a day not earlier than:

A notice to a person under subsection (3) shall set out the effect of subsections (5B), (5D) and (5E).

Pension is not payable in respect of a period during which a suspension under subsection (3) is in force.

Where:

(5B) Without limiting subsection (5A), where the pension of a person (in this subsection called the relevant person) is suspended under subsection (3), the relevant person, or another person acting on the relevant person’s behalf, may, by notice in writing given to the Authority, request the Authority to revoke the suspension, and where such a request is made, the Authority shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be:

A notice given by the Authority under subsection (5B) shall set out the effects of subsections (5D) and (5E).

Where:

Where:

The cost of any medical examination carried out for the purposes of this section shall be treated as part of the cost of the administration of this Act.

The power of the Authority under this section to suspend a pension extends to suspending a pension a portion of which has been cancelled by force of subsection 69(1A).

Where a person whose pension has been suspended under this section, dies before the pension again becomes payable, he shall, for the purpose of section 57, be deemed to have been entitled to pension immediately before his death and, for the purposes of that section, the pension shall be deemed to have been payable at the rate at which it would have been payable to him if it had not been suspended.

Where the Authority is required by this section to give a person a notice, the notice shall be taken to have been given to the person if:

A reference in subsection (7) to a reliable address of a person shall be read as a reference to an address where, if a letter were sent to the person by pre-paid post to the address, the person would probably receive the letter.

(9) In this section, invalidity benefit includes pension payable under section 73.

In this section:

non-Permanent Forces officer means an officer who is not a member of the Permanent Forces.

Permanent Forces officer means an officer who is a member of the Permanent Forces.

Where:

Where:

Subject to subsection (4), on the death before retirement prior to 1 October 1972 of a married member who is a contributor, pension shall be paid to his widow as follows:

Subject to subsection (3), on the death of the widow, there shall be payable in respect of each child of the widow who is an eligible child (other than a child born after the death of the member unless the child is also the child of the member), and in respect of each child of the member who is an eligible child, a pension at the rate $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one-eighth of the rate at which pension payable under paragraph (1)(a) would, but for her death, have been payable to the widow.

Where the number of children in respect of whom pensions are payable under subsection (2) because of the widow’s death is such that the sum of the rates of all the pensions so payable exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph (1)(a) would, but for her death, have been payable to her, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (2), a pension at the rate calculated by dividing the number of children into the rate exceeded.

(4) Pension is not payable under this section in respect of a member who, at the time of his death, was an employee for the purposes of the Superannuation Act 1922-1968 whose liability to make contributions to the Superannuation Fund was deferred by virtue of section 35A of that Act or was a person whose entitlement to a pension under that Act was suspended by force of subsection 48C(1) of that Act.

On the death of a male pensioner, pension shall, subject to this section, be paid to his widow as follows:

For the purposes of subsection (1), the pension payable to the widow of a male pensioner during her life shall, in any case where:

If:

If:

(3B) In spite of subsections (1), (2), (3) and (3A), if, on any of the 7 pay-days immediately following the death of a male pensioner, the rate at which pension would, apart from this subsection, be payable to his widow is less than the rate (in this subsection called the putative rate) at which the pension payable to him immediately before his death would be payable to him on that day if he had not died, the widow is entitled to a pension payable at a rate equal to the putative rate.

Subject to subsection (5), on the death of a widow to whom this section applies, there shall be payable in respect of each child of the widow who is an eligible child (other than a child born after the death of the pensioner unless the child is also the child of the pensioner), and in respect of each child of the male pensioner who is an eligible child, a pension at the rate of $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one-eighth of the rate at which pension payable under paragraph (1)(a), or under subsection (3), as the case may be would, but for her death, have been payable to the widow.

Where the number of children in respect of whom pensions are payable under subsection (4) because of the widow’s death is such that the sum of the rates of all the pensions exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph (1)(a) or subsection (3), as the case requires, would, but for her death, have been payable to her, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (4), a pension calculated by dividing the number of children into the rate exceeded.

Subject to subsection (1A), where the wife of a member who is a contributor or of a male pensioner is dead or divorced and the member or pensioner dies leaving children of himself or of his wife who are eligible children and who were dependent upon him at the time of his death, pension payable under this Act in respect of each child shall be a pension at the rate of $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one-eighth of the rate at which pension payable under paragraph 55(1)(a), or pension payable under paragraph 57(1)(a), or under subsection 57(3), as the case may be, would, but for her death or divorce, have been payable to the widow.

Where the number of children in respect of whom pensions are payable under subsection (1) because of the death of the member or pensioner is such that the sum of the rates of all the pensions so payable exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph 55(1)(a) or 57(1)(a), or subsection 57(3), as the case requires, would, but for her death or divorce, have been payable to the widow, then, while that position exists, there is payable in respect of each of the children, instead of the pensions described in subsection (1), a pension at the rate calculated by dividing the number of children into the rate exceeded.

In the application of subsection (1) in relation to a deceased male pensioner who remarried after he became a pensioner, the reference in that subsection 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.

Where the present value, as determined by CSC, of a pension or pensions payable, on the death of a member, in pursuance of subsection (1), is less than the contributions made by him, the amount of the difference shall be paid by the Commonwealth to the personal representatives of the member or, failing them, to such persons (if any) as CSC determines.

A person is not to be treated as a pensioner for the purposes of this section merely because the person, at the time of his or her death, was receiving associate pension under Part VIA.

Where:

For the purposes of this section, the prescribed number applicable to a contributor is:

Where a contributor retires or otherwise ceases to be a member and he is not entitled to a pension under this Act, he is, subject to the regulations, entitled to a refund of the amount of the contributions paid by him under this Act.

Where a contributor has, under subsection (1), received a refund of the amount of his contributions, and again becomes a member and a contributor, he shall contribute as provided in section 23, but, unless subsection (3) applies in relation to him, shall not be entitled to claim any further benefit in respect of his previous service.

Where:

This section does not apply to a contributor who retires, or otherwise ceases to be a member, on or after 1 October 1972.

Where, in the opinion of CSC, payment of pension or other benefit under this Act should, by reason of the person who, but for this section, would be entitled to the payment, being a child, or being a person who is insane or undergoing imprisonment, or otherwise being under a disability, or for any other reason which CSC thinks proper, be made to a person other than the person who would be so entitled to the payment, CSC may authorize payment to the other person, and payment shall be made to the other person accordingly.

A payment of pension payable to a child that, by virtue of subsection (1), is paid to a person other than the child, shall be applied for the maintenance, education or other benefit of the child.

(1) If, at any time after the date of commencement of this section (in this section referred to as the commencing date), a pension is not payable under section 57 of this Act to a person to whom a pension benefit would be payable at that time under Division 1 of Part VI of the Defence Force Retirement and Death Benefits Act 1973, were that Act, as amended and in force on the commencing date, to have been in force before a deceased pensioner (including a pensioner who died before the commencing date) ceased to be a member and were the deceased pensioner to have been, at the time of his death, a recipient member under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, determines.

(2) If at any time after the commencing date, a pension is not payable under Defence Force Retirement and Death Benefits Act 1973, were that Act, as amended and in force on the commencing date, to have been in force before the death of a deceased contributor or the retirement of a deceased pensioner (including a pensioner who died before the commencing date) and were the deceased contributor to have been, at the time of his death, a contributing member, or the deceased pensioner to have been, at the time of his retirement, a recipient member, under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed, and such matters as it considers relevant, determines.section 55 or section 57 of this Act in respect of a person to whom a pension benefit would be payable at that time under section 42 of the

(3) If, at any time after the commencing date, a pension is not payable under Defence Force Retirement and Death Benefits Act 1973, were that Act, as amended and in force on the commencing date, to have been in force before the death of a deceased contributor or the retirement of a deceased pensioner (including a pensioner who died before the commencing date) and were the deceased contributor to have been, at the time of his death, a contributing member, or the deceased pensioner to have been, at the time of his retirement, a recipient member, under that Act as so amended and in force, the Authority may grant, from such date as it specifies, a pension to the person at such rate and on such conditions as the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, determines.section 55, 57 or 58 of this Act in respect of a person to whom a pension benefit would be payable at that time under section 43 of the

A date specified by the Authority under subsection (1), (2) or (3) in relation to the granting of an entitlement to pension shall not, unless the Authority is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date upon which the grant is made, and shall not, in any event, be a date earlier than the commencing date.

A determination by the Authority for the purpose of subsection (1), (2) or (3) shall be in writing.

Where, at any time before the commencing date, a pension has been paid to a person under the Authority shall not, under subsection (1) of this section, grant a pension to any other person in respect of that deceased pensioner.section 57 as the widow of a deceased pensioner,

The Authority shall not, under subsection (1), grant a pension to a person unless the Authority, having regard to such matters (if any) as are prescribed and such other matters as it considers relevant, is satisfied that the person is in necessitous circumstances or that the grant of the pension is otherwise warranted.

The Authority shall not, under subsection (1), grant a pension to a female person in relation to a deceased male pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date to the person under this Act had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner.

The Authority shall not, under subsection (1), grant a pension to a male person in relation to a deceased female pensioner from a specified date at a rate that exceeds the rate at which a pension would have been payable from that specified date to the person under this Act had the deceased pensioner been a male pensioner and had the person been, for the purposes of this Act as amended and in force at the date of death of the deceased pensioner, the widow of the deceased pensioner.

The Authority shall not, under subsection (2), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child.

(11) The Authority shall not, under subsection (3), grant a pension to a person in relation to a deceased contributor or a deceased pensioner from a specified date at a rate that exceeds the rate at which pension would have been payable from that specified date in respect of that person under this Act, had the person been, for the purposes of this Act as amended and in force at, and at all times after, the date of death of the deceased contributor or the deceased pensioner, the child of the deceased contributor or the deceased pensioner and an eligible child and had the person become, at the time when he would, in the circumstances set out in subsection (3) have first become entitled, as an eligible orphan, to pension benefit in Defence Force Retirement and Death Benefits Act 1973, entitled to pension under subsection 55(2), 57(4) or 58(1) of this Act.section 43 of the

Where a pensioner dies on or after the commencing date and a pension is paid to a person, under section 57, as a widow of the pensioner, then, during the period that the pension continues to be paid, for the purpose of calculating the maximum rate of pension payable under subsection (1) to another person but not for the purpose of calculating the maximum rate of pension payable under subsection (2) or (3) to another person, this Act has effect as if the reference in paragraph 57(1)(a) to five-eighths were a reference to three-eighths.

The grant by the Authority, under this section, of a pension to a person does not effect the entitlement of any other person under this Act to a pension that is payable otherwise than by virtue of a grant of a pension under this section or the rate of such a pension.

(1) If, at any time after the day on which Schedule 3 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (the start day):

CSC must not grant a pension to the person unless CSC, having regard to any matters prescribed and any other matters it considers relevant, is satisfied that:

The specified date from which the pension is granted:

The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date had the person been, at the date of death of the deceased pensioner, the widow of the deceased pensioner for the purposes of this Act.

If:

A determination made under subsection (1) is not a legislative instrument.

The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.

(1) If, at any time after the day on which Schedule 3 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (the start day):

The specified date from which the pension is granted:

The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date had the person been, at the date of death of the deceased pensioner and at all times after that:

A determination made under subsection (1) is not a legislative instrument.

The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.

(1) If, at any time after the day on which Schedule 3 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced (the start day):

The specified date from which the pension is granted:

The rate of the pension must not exceed the rate at which pension would have been payable under this Act to the person from the specified date:

A determination made under subsection (1) is not a legislative instrument.

The grant of a pension to a person under this section does not affect any other person’s entitlement to a pension, or the rate of that pension, under another section of this Act.

A widow or widower whose entitlement to a pension under subsection 55(1) or 57(1) has ceased on his or her remarriage may apply to CSC for:

If CSC is satisfied that the widow or widower’s entitlement to a pension ceased on his or her remarriage, CSC must, in writing, grant the pension at the rate at which the pension would have been payable to the widow or widower if the pension had not ceased.

The pension is payable to the widow or widower at that rate from the day on which CSC receives the application.

If CSC grants a person a pension under this section at a particular rate, the grant at that rate does not effect:

Except where otherwise provided in this Act, a pension shall be payable during the life of the person entitled thereto.

Pension in respect of a child shall be payable only while the child is an eligible child.

Where a male pensioner marries after his retirement, pension shall not, upon the death of the pensioner, be payable to the widow or in respect of any child of the marriage.

Where:

Pensions shall be paid in fortnightly instalments.

In order to ascertain the amount of an instalment of a pension covering a period of a fortnight the annual pension shall be divided by 26.

The amount of a pension payable in respect of each day shall be one-fourteenth of the amount of a fortnightly instalment.

There shall be deducted from any payment of pension or other benefit payable to or in respect of a person under this Act the amount of any contribution which that person is liable to pay, but has not paid, to the Fund.

Where a person ceases to be a member within a period of less than one fortnight after he became a contributor and has not commenced to make contributions to the Fund, he shall, for the purposes of subsection (1), be deemed to be liable to pay to the Fund one fortnightly contribution.

Where:

A pensioner who has commuted a portion of his pension under section 74 shall pay to the Fund in respect of any period during which a part of his pension is cancelled under subsection (1A) an amount equal to the amount which, if he had not commuted that portion of the pension and that part of the pension had not been so cancelled, would have been payable by the Commonwealth to the Fund during that period in respect of that portion of the pension so commuted, and, upon payment of that amount to the Fund, there shall be paid from the Fund to the Commonwealth an amount equal to that amount.

In the application of section 57 to the widow of a pensioner, any cancellation of a part of his pension under subsection (1A) of this section shall be disregarded.

Where a pensioner (including a pensioner whose pension has been suspended under section 53A or 53B) becomes a person to whom Part VIB applies, his pension is, by force of this subsection, cancelled.

A pensioner who has commuted a portion of his pension under section 74 and whose pension is cancelled by force of subsection (3) shall pay to the Fund, in respect of the period during which he is a person to whom Part VIB applies, an amount equal to the difference between the amount that would have been payable to him as pension during that period if his pension had not been so cancelled and he had not become entitled to any increase in the rate of his pension before or during that period, and the amount that would have been so payable to him as pension during that period if he had not commuted that portion of his pension, and, upon payment of that amount to the Fund, there shall be paid from the Fund to the Commonwealth an amount equal to the amount that, if he had not commuted that portion of his pension and his pension had not been so cancelled, would have been payable by the Commonwealth to the Fund during that period in respect of that portion of his pension.

Where a person in receipt of a pension under section 55 or 57 is a contributor under this Act, she is, on retirement on pension, entitled to receive:

(5) Where a person in receipt of a pension under Superannuation Act 1922-1959, she is, on retirement on pension under that Act, entitled to receive, in addition to that last-mentioned pension:section 55 or 57 is a contributor under the provisions of the

A person who is a pensioner (other than a pensioner under section 55 or 57) commits an offence if:

Where, by reason of the failure of a pensioner to notify the Board as required by subsection (7), the Board has paid to a pensioner an amount which, under the provisions of this section, should not have been paid, the Board may:

Where, by reason of the operation of subsection (1A), a payment of pension is reduced, no amount is payable by the Commonwealth to the Fund in respect of that payment of pension.

In subsections (4) and (5), a reference to a pension does not include a reference to a pension payable in respect of a child.

(11) Subsection (1A) of this section does not apply to a pensioner who again becomes a member on or after 1 October 1972, subsection (5) of this section does not apply to a person whose retirement on pension under the Superannuation Act 1922-1959, or that Act as amended and in force from time to time, occurred on or after 1 October 1972, and subsection (7) of this section does not apply to a pensioner who again becomes a member on or after that date.

Where a member who, by reason only of subsection 23(2), is not contributing to the Fund is retired prior to attaining the age of 18 years on the ground of invalidity or of physical or mental incapacity to perform his duties (not, in the opinion of the Authority due to wilful action on his part for the purpose of obtaining pension under this section), the Authority shall determine the percentage of total incapacity of the member in relation to civil employment and shall classify the member according to the percentage of incapacity as follows:

Percentage of Incapacity Class

60 or over A 30 or over but less than 60 B

Less than 30 C

If, before the Authority has determined, for the purposes of subsection (1) the percentage of incapacity in relation to civil employment of a person, the person dies, the Authority must:

Where a deceased person is classified under this section, the classification is taken to have had effect at all times on and after his or her retirement.

A person who is classified as Class A under subsection (1) is entitled, on retirement, to a pension at the rate of $1,105 per annum, a person who is classified as Class B under the last preceding subsection is entitled, on retirement, to a pension at the rate of $552.50 per annum and a person who is classified as Class C under the last preceding subsection is not entitled to any benefit.

The Authority may, from time to time, if it is satisfied that the percentage of incapacity in relation to civil employment of a pensioner classified under subsection (1) is such that the classification of the pensioner should be altered, reclassify him in the appropriate classification set out in subsection (1) according to the percentage of his incapacity in relation to civil employment.

(3AA) If, at a time when the Authority is reviewing, but has not yet determined, for the purposes of subsection (3), the percentage of incapacity in relation to civil employment of a pensioner, the pensioner dies:

In determining:

(3B) In subsection (3A), prescribed physical or mental impairment, in relation to a pensioner or a deceased pensioner, means:

Where a person is reclassified under subsection (3), the Authority shall specify the date from which the reclassification has effect, and, on and after that date, the person shall, for the purposes of subsection (2), be deemed to be classified accordingly.

Where a deceased person is reclassified under subsection (3AA):

In respect of each payment of pension (being a payment that became payable before 1 October 1972) paid under this section, the Commonwealth shall pay to the Fund an amount equal to that payment.

(6) This section does not apply to or in relation to any member who retires on or after the date fixed under subsection 2(2) of the Defence Forces Retirement Benefits Act (No. 3) 1968.

Subject to the regulations, a pensioner who has not attained the age of 57 years may apply to the Authority for the commutation of a portion of his pension, being a portion that does not exceed one-third of the pension.

When an application is made to the Authority under this section, the Authority may, at its discretion, grant or refuse the application, or grant the application subject to such terms and conditions as the Authority thinks fit.

(1) This section applies to a superannuation interest under this Act (the original interest) if:

The non-member spouse is entitled to associate pension from the operative time, at the rate calculated under the Orders by reference to the transfer amount.

If the annual rate of associate pension to which the non-member spouse becomes entitled is less than the amount determined under the Orders, then the non-member spouse may elect to commute the pension.

The election must be made in writing to CSC not later than 3 months after the non-member spouse becomes entitled to the pension.

If the non-member spouse makes the election, then the non-member spouse is entitled instead to a lump sum equal to the transfer amount.

The annual rate of standard pension that is payable at the operative time in respect of the original interest is reduced to the amount calculated under the Orders.

A reduction under this section is to be disregarded in calculating the amount of any non-standard pension that later becomes payable.

In this Part, unless the contrary intention appears:

employment means employment by the terms of which persons employed in that employment are required to give the whole of their time to the duties of their employment.

life policy has the same meaning as in the Life Insurance Act 1995.

member, in relation to a superannuation scheme applying in relation to any employment, includes any person employed in that employment in respect of whom benefits are applicable under the scheme by reason of his being so employed, whether or not he has made contributions under the scheme.

owner of a life policy has the same meaning as in the Life Insurance Act 1995.

the rules means the rules governing the operation of the scheme, whether contained in a law or in a trust deed or other instrument.

For the purposes of this Part, the membership by a person of a House of the Parliament of the Commonwealth or of a State shall be treated as if it were employment of the person by the Commonwealth or by that State, as the case may be.

A reference in this Part to a superannuation scheme shall be read as a reference to a superannuation or retirement scheme, however established, and, unless the contrary intention appears, shall be read as including a reference to the retirement scheme constituted by the provision of this Act and the other Acts relating to retirement benefits for members of the Defence Force.

For the purposes of this Part, a benefit payable to or in respect of a member under a superannuation scheme shall not be taken to have been based partly on contributions under the scheme by the employer by reason only that the benefit included interest upon contributions made under the scheme by the members.

Where, in pursuance of this Part, the Board or Authority has power to make a determination in relation to a matter, the power shall be construed as including a power, exercisable in the like manner and subject to the like conditions (if any), to vary a determination so made.

In this Division:

If, after a transfer value became payable to or in respect of a person under a superannuation scheme, an amount equal to the whole or any part of that transfer value was paid to a person administering another superannuation scheme (not being the superannuation scheme constituted by the provisions of this Act and of the other Acts relating to retirement benefits for members of the Defence Force):

Subject to subsection (4), a transfer value shall be deemed, for the purposes of this Division, to have become payable in respect of a person under a superannuation scheme upon the termination of any employment if, upon the termination of that employment, the person was the owner of a life policy, or was entitled to have the rights of the owner of a life policy assigned to him or her, being a policy the premiums for which were, while the person was employed in that employment, paid in whole or in part by the person’s employer, and, in that case, the surrender value of the policy as at the date of the termination of the employment shall be taken to be the amount of the transfer value.

Where a transfer value is, by virtue of subsection (3), to be deemed, for the purposes of this Division, to have become payable in respect of a person upon the termination of any employment by reason that, upon the termination of that employment, the person was the owner of a life policy, or was entitled to have the rights of the owner of a life policy assigned to him or her, a transfer value shall not be deemed, for those purposes, to have become payable in respect of the person upon the termination of any previous employment by reason that, upon the termination of that previous employment, the person was the owner of that policy, or was entitled to have the rights of the owner of that policy assigned to him or her.

Where a person who has attained the age of 21 years becomes a member and an officer, or a person who, having become a member other than an officer after having attained that age, becomes an officer, he shall, before the expiration of one month after the date on which he became a member and an officer, or became an officer, as the case may be, or before such later time as the Board in special circumstances allows, furnish to the Board a declaration in writing in accordance with a form made available by the Board:

A person to whom subsection (1) applies shall furnish to the Board, within the period referred to in that subsection, an authority in writing authorizing the Board to obtain information in relation to any transfer value, prescribed pension, deferred benefits or refund referred to in that subsection from his previous employer or from any person administering the superannuation scheme applicable in relation to his previous employment.

Subsection (1) does not apply to a person who becomes a member and an officer, or becomes an officer, as the case may be, on or after 1 October 1972.

Where a person who becomes a member and a contributor, or being a member becomes a contributor, after the commencement of this section has, at any time before becoming a member, been in employment within or outside upon the termination of which:

Paragraph (1)(b) shall not be taken to apply in relation to a person by reason of the doing of, or the failure to do, any act or thing if, as a result of the doing of the act or thing or as a result of the failure, paragraph (1)(c) or (e) applies in relation to him.

Paragraph (1)(d) shall not be taken to apply in relation to a person by reason of the doing of, or the failure to do, any act or thing if, as a result of the doing of the act or thing or as a result of the failure, paragraph (1)(a) or (e) applies in relation to him.

Paragraph (1)(f) shall not be taken to apply in relation to a person by reason of the doing of, or the failure to do, any act or thing if, as a result of the doing of the act or thing or as a result of the failure, paragraph (1)(a) or (c) applies in relation to him.

Subsection (1) does not apply to a person who becomes a member and a contributor, or becomes a contributor, as the case may be, on or after 1 October 1972.

If:

The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election and the payment of an amount to the Board under subsection (1).

So much of the amount paid to the Board as is equal to the employee component of the transfer value, or to the sum of the employee components of the transfer values, as the case may be, shall be paid by the Board to the Fund and, when so paid, shall, to the extent to which it was payable to the member upon the termination of the employment in respect of which the transfer value or any of the transfer values became payable irrespective of whether he engaged in further employment, be deemed, for the purposes of this Act, to be contributions made to the Fund by the member.

The Board shall pay to the Commonwealth so much of the amount paid to the Board as is equal to the employer component of the transfer value or to the sum of the employer components of the transfer values, as the case may be.

For the purposes of the application of section 30 in relation to the member, a reference in that section to the date as from which he was required to contribute to the Fund shall be taken to be a reference to the date that is earlier than the actual date from which he was so required to contribute by such period as is determined by the Board.

In furnishing advice to the Board in relation to the determination by the Board, for the purposes of subsection (5), of a period in relation to the member, the Commonwealth Actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including:

If the member became a member after having attained the age of 20 years, the period of his service for pension shall, for the purposes of pension under this Act, be deemed to be increased by a period equal to:

If:

Where an amount is payable out of the Fund under subsection (8), the Commonwealth shall pay an amount equal to that amount to the Fund.

For the purposes of this section:

Upon the transfer of the moneys of the Fund, by virtue of section 21A, to the Commonwealth, this section has effect as if:

In this section, a reference to the Board shall be read as including a reference to the Authority.

This section applies in relation to a member who is an officer at the time when he becomes a contributor, or becomes an officer after that time, and:

For the purposes of this Act, the category number of a member in relation to whom this section applies is the number that, but for this section, would be his category number reduced by such number (if any) as is determined by the Authority.

In furnishing advice to the Authority in relation to the determination by the Authority, for the purposes of subsection (2), of a number in relation to a member, the Commonwealth Actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including:

Where:

Where:

The amount per fortnight of the contribution that, but for this section, would be payable by a member to whom this section applies is reduced by so much of that amount as the Authority determines, having regard to the reduction in his category number effected by subsection (2).

For the purposes of this Division, the prescribed period in relation to a person who has ceased to be a member is:

For the purposes of this Division but subject to subsection (3):

Where a pension, being invalidity benefit, was not payable to a person under this Act during any period by reason only of section 53A or 53B, that period shall be treated for the purposes of this Division as if it had been a period during which that pension was payable, but:

For the purposes of the application of this Division in relation to a person who has ceased to be a member, the following periods of employment of the person are periods of eligible employment:

Paragraph (1)(b) does not apply in relation to a period of employment of a person that terminated before the commencement of this section unless, before the expiration of 3 months after the termination of that employment, the person became employed in other employment that is eligible employment.

Paragraph (1)(b) does not apply in relation to a period of employment of a person that terminated after the commencement of this section unless:

Paragraph (1)(c) does not apply in relation to a period of employment of a person by reason of the operation of subparagraph (1)(c)(i) unless an amount equal to the lump sum referred to in that subparagraph, or an amount that included an amount based upon that lump sum, has been paid into the Fund.

Paragraph (1)(d) does not apply in relation to a period of employment of a person unless:

A reference in paragraph (1)(b), (c) or (d) to a period of employment of a person does not include a reference to a period of employment in relation to which a preceding paragraph of that subsection applies.

(1) The Finance Minister may, by instrument under his hand published in the Gazette, declare employment, whether within or outside Australia, by a person, or by persons included in a class of persons, specified in the instrument to be public employment for the purposes of this Division.

(2) A declaration under subsection (1) shall come into force on the day on which the instrument of declaration is published in the Gazette or, if an earlier day (not being earlier than 1 January 1970) is specified in the instrument as the day on which the declaration is to be deemed to have come into force, shall be deemed to have come into force on that earlier day.

A person shall be taken, for the purposes of this Division, to have been employed in public employment at a particular time if, and only if, the employer by whom he was employed at that time was a person, or was a person included in a class of persons, specified in a declaration by the Finance Minister under this section that was, or is to be deemed to have been, in force at that time.

Where any public employment in which a person is employed terminates and, within 3 months after the date of the termination, he again becomes employed in public employment, he shall, for the purposes of this Division, be deemed not to have ceased, by reason of the termination, to be employed in public employment but, in ascertaining the period in which he has been employed in public employment, any period between the termination of a period in which he was employed in public employment and the commencement of a further period in which he was employed in public employment shall not be treated as itself being a period in which he was employed in public employment.

(1) The Finance Minister may, by instrument under his hand published in the Gazette, declare a superannuation scheme specified in the instrument to be an eligible superannuation scheme for the purposes of this Division.

(2) A declaration under subsection (1) shall come into force on the day on which the instrument of declaration is published in the Gazette or, if an earlier day (not being earlier than 1 January 1970) is specified in the instrument as the day on which the declaration is to be deemed to have come into force, shall be deemed to have come into force on that earlier day.

A person shall be taken, for the purposes of this Division, to have been a member of an eligible superannuation scheme at a particular time if, and only if, he was at that time a member of a superannuation scheme in respect of which a declaration by the Finance Minister under this section was, or is to be deemed to have been, in force at that time.

A reference in this Division to a transfer value payable in accordance with this Division to or in respect of a person who has ceased to be a member is a reference to such amount as is determined by the Board to be the value of the rights of the person under this Act as at the time immediately before he ceased to be a member.

In furnishing advice to the Board in relation to the determination of the value of the rights of a person under this Act as at the time immediately before he ceased to be a member, the Commonwealth Actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including:

For the purposes of the application of subsection (2) in relation to a person who, being a member other than an officer, ceased to be a member by reason that he was discharged for disciplinary reasons, paragraph (2)(b) does not apply in relation to the payments to the Fund that would have been made by the Commonwealth during the period of the engagement under which the person was serving immediately before he ceased to be a member.

In this section, a reference to the Board shall be read as including a reference to the Authority.

The deferred benefits applicable under this Division in respect of a person who has ceased to be a member shall, subject to this Division, be benefits of the same nature, and payable in the same circumstances, on the same conditions and, upon his death, to the same persons (if any), as the benefits that would have been payable to or in respect of the person under this Act if he had not ceased to be a member and had not made the election by virtue of which the deferred benefits became applicable.

The amount of any pension or lump sum constituting or forming part of any deferred benefits shall be as determined by the Board.

In furnishing advice to the Board in relation to the determination of the amount of a pension or lump sum constituting or forming part of any deferred benefits applicable in respect of a person, the Commonwealth Actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including:

Sections 51 and 52 do not apply for the purposes of this section.

In this section, a reference to the Board shall be read as including a reference to the Authority.

Subject to this section, where, after the commencement of this section, a person, being a contributor, ceases to be a member and is not entitled to a pension, he may, within 21 days after he ceases to be a member, elect that this Division shall apply in relation to him.

The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election under subsection (1).

If a person makes an election for the purposes of this section within one month before he ceases to be a member, the election has effect as if it had been made on the day after he ceased to be a member.

Subject to subsection (5), an election under this section is of no effect unless the person who made the election gives notice in writing to the Board within 21 days, or within such longer period as the Board allows, after the expiration of the period that is the prescribed period in relation to him:

subsection (4) does not apply if the person who made the election dies before the expiration of the period for the giving of a notice by him under that subsection and without having given such a notice.

Where a person who is entitled to make an election under this section dies within the period referred to in subsection (1), or within any period for which that period has been extended under subsection (2), without making such an election:

The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period referred to in paragraph (6)(a) or (b).

(8) This section does not apply in relation to a person to whom Superannuation Act 1922-1971 applied immediately before he ceased to be a member and who, at the time when he ceased to be a member, had not ceased to be a contributor to the Superannuation Fund.section 35A of the

This section does not apply in relation to a member who:

Subsection (1) does not apply to a person who ceases to be a member on or after 1 October 1972.

In this section, a reference to the Board shall be read as including a reference to the Authority.

Subject to this Division, where:

This section does not apply in relation to a person unless the person administering the superannuation scheme agrees to accept the transfer value and, under the rules of the scheme, the first-mentioned person will become entitled to retirement benefits under the scheme based upon the transfer value.

Where a person makes an election under section 82Z and:

Subject to section 82ZG, deferred benefits that are applicable in respect of a person are payable as from the day immediately following the earliest of the following dates:

For the purposes of the application of paragraphs (2)(c) and (d) in relation to a person, the following periods are periods of service for pension:

For the purposes of subsections (2) and (3), a period of public employment in which a person became employed after he ceased to be a member shall be deemed to be a period of eligible employment of the person.

Deferred benefits are not payable unless:

Subject to subsections (7) and (8), where a person in relation to whom paragraph (1)(a) applies and who, at the time when he ceased to be a member, had not completed 20 years’ eligible employment ceases to be employed in public employment and the deferred benefits applicable in respect of him have not become payable under subsection (2), then, those deferred benefits cease to be applicable in respect of him but this Act has effect in relation to him as if the election by him under section 82Z had not been made.

If a deferred benefit by way of a pension has previously become payable to a person referred to in subsection (6) by reason of paragraph (2)(a), any amount that, but for this subsection, would be payable to the person by reason of subsection (6) is payable only to the extent to which it exceeds the sum of the amounts previously paid to him.

Subsection (6) does not apply in relation to a person if the sum of the periods of eligible employment in which the person has been employed and the period of public employment in which he was employed after he ceased to be a member is not less than 20 years.

Subject to subsection 82ZB(6), where section 82ZA or 82ZB applies in relation to a person:

Where:

An amount, or the sum of the amounts, paid to the Fund in accordance with subsection (2) in respect of a benefit consisting of a refund of contributions and a gratuity received by a person shall, to the extent that it exceeds the amount of the refund of contributions, be paid from the Fund to the Commonwealth.

Where:

Upon the transfer of the moneys of the Fund, by virtue of section 21A, to the Commonwealth, this section has effect as if:

In this section, a reference to the Board shall be read as including a reference to the Authority.

Where a person (other than a person who, at the time when he ceased to be a member, had completed 20 years’ eligible employment) who has made an election under section 82Z is not employed in public employment at the expiration of the period that is the prescribed period in relation to him, then, unless:

Where:

In this section, a reference to the Board shall be read as including a reference to the Authority.

Where a deferred benefit is payable to a person by reason that the Authority is satisfied as to the matters referred to in paragraph 82ZB(2)(a):

If the Authority is satisfied that the health of the person has become so restored as to enable him to perform duties of a kind suitable to be performed by him, having regard to the duties performed by him immediately before he ceased to be a member and the duties performed by him in employment (if any) in which he was employed after he ceased to be a member, the Authority may cancel his pension but the deferred benefit does not cease to be applicable in relation to him by reason only of the cancellation of the pension.

The pension payable to a person shall not be cancelled under subsection (2) at a time when the pension would have become payable apart from the operation of paragraph 82ZB(2)(a).

Subject to subsection (2), where a person to whom section 82ZB applies again becomes a member, the deferred benefits applicable in respect of him shall not become, or be, payable while he is a member.

Where a person to whom section 82ZB applies:

Where:

The person may, within the period within which he was entitled to make an election under paragraph 82R(1)(b), elect that this section shall have effect in relation to him and, where an election is so made, section 82R has effect as if the amount referred to in paragraph 82R(1)(c), or, if part only of that amount relates to the transfer value referred to in subsection (1), that part of that amount, had been paid to the Board in accordance with that paragraph and the Board had made the payments referred to in subsections 82R(3) and (4) in relation to that amount or that part of that amount, as the case may be.

An election under subsection (2) does not have effect unless the person causes to be assigned to the Board, within the period referred to in that subsection, the life policy or life policies referred to in paragraph (1)(b) free from any mortgages, charges or other encumbrances.

If:

So much of any premium payable in respect of any life policy assigned to the Board in accordance with subsection (3) or issued in accordance with subsection (4) as relates to a period during which the person is a member shall be paid by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.

Where the amount of the fortnightly contributions payable by the person to the Fund at any time is less than the amount that is the prescribed amount in relation to him at that time, he is liable to pay to the Commonwealth an amount equal to the difference.

(7) Where the person (in this subsection referred to as the former contributor) makes an election under subsection 82Z(1) and, within the period that is the prescribed period in relation to him for the purposes of Division 3, he becomes employed in employment in respect of which a superannuation scheme referred to in paragraph (1)(a) of this section is applicable and becomes a member of that scheme, then:

If the life policy or life policies assigned by the person to the Board in accordance with subsection (3) or issued in relation to him in accordance with subsection (4) becomes or become payable at or before the time when he ceases to be a contributor:

Where the person ceases to be a contributor and neither subsection (7) nor subsection (8) applies in relation to him, then, if the election made by him under subsection (2) of this section has not been revoked in accordance with subsection (10):

A person who has made an election under subsection (2) may, if:

(11) The Finance Minister may, by instrument under his hand published in the Gazette, declare a superannuation scheme, being a scheme under which benefits are provided for by means of life policies, to be an approved superannuation scheme for the purposes of this section.

(12) A declaration under subsection (11) shall come into force on the day on which the instrument of declaration is published in the Gazette or, if an earlier day (not being earlier than 1 January 1970) is specified in the instrument as the day on which the declaration is to be deemed to have come into force, shall be deemed to have come into force on that earlier day.

A superannuation scheme shall be taken, for the purposes of this section, to have been an approved superannuation scheme at a particular time if a declaration by the Finance Minister under subsection (11) in respect of that scheme was, or is to be deemed to have been, in force at that time.

(14) In this section, the prescribed amount, in relation to a person in relation to any time, is an amount ascertained in accordance with the formula , where:

a is amount of the annual premium, or the sum of the amounts of the annual premiums, applicable at that time under the life policy or life policies assigned by him to the Board in accordance with subsection (3) or issued in relation to him in accordance with subsection (4);

b is the amount, or the sum of the amounts, payable by him under the superannuation scheme referred to in subsection (4) immediately before he ceased to be a member of that scheme in respect of the annual premium or the annual premiums under the life policy or life policies assigned by him to the Board in accordance with subsection (3);

c is the amount of the annual premium, or the sum of the amounts of the annual premiums, applicable under the life policy or life policies assigned by him to the Board in accordance with subsection (3) immediately before he ceased to be a member of the superannuation scheme referred to in subsection (4).

For the purposes of this section, the rate of compound interest in respect of any period that is a financial year or a part of a financial year is the rate of interest determined by the Finance Minister in respect of that financial year or, if the Finance Minister has not determined a rate of interest in respect of that financial year, the rate of interest determined by the Finance Minister in respect of the last preceding financial year in respect of which the Finance Minister has determined a rate of interest.

In determining a rate of interest in respect of a financial year for the purposes of this section, the Finance Minister shall have regard to the average rate of interest that was earned by the Fund in that financial year and to such other matters as he thinks relevant.

Where a transfer value is paid under section 82ZA, the Commonwealth shall pay to the Fund an amount equal to so much of the amount of the transfer value as the Board determines.

Where:

Subject to subsection (2), if at any time (whether before or after the commencement of this Part) the Statistician publishes:

If at any time (whether before or after the commencement of this Part), the Statistician changes the index reference period for:

If at any time the Statistician changes the reference period for amounts of the kind referred to in subsection 84L(2), then, for the purposes of applying this Part after the change takes place, have regard only to amounts published in terms of the new reference period.

Subject to this Part, a pensioner is entitled, at the commencement of a prescribed half-year, to an increase in the rate at which a pension was payable to the pensioner immediately before that commencement. The increase is worked out by using:

(2) The increase provided for by subsection (1), for a pensioner aged under 55 at the commencement of a prescribed half-year (the relevant prescribed half-year), is the prescribed percentage of the rate at which a pension was payable to the pensioner immediately before the commencement of the relevant prescribed half-year.

Prescribed percentage

(3) Subject to subsection (3A), the prescribed percentage for a prescribed half-year is:

where:

base quarter CPI number means the CPI number in respect of the March quarter or September quarter that:

If the first quarter CPI number is equal to or less than the base quarter CPI number, then, for the relevant prescribed half-year:

Where, by reason of the death on 30 June or 31 December (as the case requires) immediately preceding the commencement of a prescribed half-year of a person in receipt of pension that became payable to him upon his retirement, including pension that became payable by reason of the invalidity of the person or of his physical or mental incapacity to perform his duties, a pension becomes payable, on the following day, to another person, that other person shall be entitled, at the commencement of that prescribed half-year, to such an increase in the rate of that pension as he would have been entitled to had the pension become payable to him on that 30 June or 31 December (as the case requires).

Where a person in receipt of a pension payable in accordance with section 82ZB would, but for this section, be entitled to an increase in the rate at which the pension was payable to the person immediately before the commencement of the prescribed half-year and:

If the pension that became payable by virtue of section 82ZB to the person, or, in a case where paragraph (1)(c) applies, to another person in relation to whom the person is a widow, became so payable after 16 June or 16 December (as the case requires) in the preceding half-year, the person is not entitled to an increase.

If the pension that became payable by virtue of section 82ZB to the person, or, in a case where paragraph (1)(c) applies, to another person in relation to whom a person is a widow, became so payable on or before 16 June or 16 December (as the case requires) in the preceding half-year, the amount of the increase is so much only of the amount that, but for this section, would have been the amount of the increase as bears to the last-mentioned amount the same proportion as the number of months in the period that commenced on the day on which the pension became payable, and ended on 30 June or 31 December (as the case requires) in the preceding half-year bears to 6.

If the period referred to in subsection (3) is less than 1 month, that period shall be treated as 1 month.

If the period referred to in subsection (3) consists of a number of whole months and a part of a month:

Section 84 does not apply to a pension payable to or in respect of an eligible child, but, for the purposes of paragraph 55(1)(b), subsection 55(2), paragraph 57(1)(b), subsection 57(4) and subsection 58(1), regard shall be had to any increase in the rate of a pension payable under paragraph 55(1)(a), under paragraph 57(1)(a) or under subsection 57(3) to which, by virtue of this Act, a widow is, or, but for her death or divorce, would be, entitled.

If the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of the half-year immediately preceding a prescribed half-year exceeds the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of any earlier half-year, not being a half-year earlier than the half-year that commenced on 1 July 1985:

For the purposes of the application of subsection (2) to a provision specified in that subsection, the existing amount is:

Where:

Where:

Section 74 does not authorize the commutation of a pension in so far as the pension has been increased by virtue of this Part.

Where:

(1) The increase provided for by subsection 84(1), for a pensioner aged 55 or older at the commencement of a prescribed half-year (the relevant prescribed half-year), is the 55-plus percentage of the rate at which a pension was payable to the pensioner immediately before the commencement of the relevant prescribed half-year.

55-plus percentage

This is how to work out the 55-plus percentage for the relevant prescribed half-year:

Method statement

Step 1. Work out the prescribed percentage for the prescribed half-year.

Step 2. Use section 84K to work out the LCI percentage for the prescribed half-year.

Step 3. Take the higher of the percentages worked out in steps 1 and 2. (If they are the same, use the step 1 percentage.) This is the CPI/LCI percentage.

Step 4. Take the indicative pension amount for the prescribed half-year immediately before the relevant prescribed half-year. This is the current indicative pension amount.

Step 5. Work out the amount that is the CPI/LCI percentage of the current indicative pension amount and add it to the current indicative pension amount. This is the CPI/LCI result.

Step 6. Use section 84L to work out the MTAWE result.

Step 7. If the CPI/LCI result is the same as or higher than the MTAWE result, the 55-plus percentage for the prescribed half-year is the CPI/LCI percentage. If the CPI/LCI result is lower than the MTAWE result, the 55-plus percentage for the prescribed half-year is the percentage worked out under section 84M.

Nil or negative change

If, for a prescribed half-year:

(1) The indicative pension amount is:

The indicative pension amount for the prescribed half-year commencing on 1 January 2014 is to be increased, on 1 July 2014 and each later 1 January and 1 July, by the 55-plus percentage, as if the amount were a pension payable to a pensioner aged 55 or older on the day. Immediately after the increase, the increased amount is substituted as the indicative pension amount.

The reference in subsection (2) to the increased amount includes a reference to an amount that, because the 55-plus percentage for a prescribed half-year was 0%, has not changed.

(1) Subject to subsection (2), the LCI percentage for a prescribed half-year is:

where:

base quarter LCI number means the LCI number in respect of the March quarter or September quarter that:

If the first quarter LCI number is equal to or less than the base quarter LCI number, the LCI percentage for the prescribed half-year is taken to be 0%.

(1) For the purposes of step 6 of the method statement in subsection 84H(2), the MTAWE result is the amount that is 27.7% of the annualised MTAWE figure for the quarter for which the Statistician has most recently published the amount referred to in subsection (2).

(2) For the purposes of subsection (1), the annualised MTAWE figure, for a quarter, is 52 times the amount set out for the reference period in the quarter under the headings “Average Weekly Earnings of Employees, Australia—Males—All males—Total earnings—ORIGINAL” in a document published by the Statistician entitled “Average Weekly Earnings, States and Australia”.

If at any time (whether before or after the commencement of this section), the Statistician publishes the amount referred to in subsection (2):

(4) For the purposes of this section, the reference period in a particular quarter is the period described by the Statistician as the pay period ending on or before a specified day that is the third Friday of the middle month of that quarter.