Defence Forces Retirement Benefits (Pension Increases) Act 1967

No. 91, 1967 as amended

Compilation start date: 1 July 2014

Includes amendments up to: Act No. 62, 2014

About this compilation

This compilation

This is a compilation of the Defence Forces Retirement Benefits (Pension Increases) Act 1967 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 4 August 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Interpretation 1

4 Increases in pensions of certain eligible pensioners 5

5 Application of increases to commuted pensions etc. 5

6 Adjustment in relation to previous increase 5

7 Increased rates of pensions payable to certain eligible pensioners 6

8 Increase in certain widows’ pensions 7

9 Increased rates of pensions payable to certain widows 8

10 Application of increases to suspended pensions 9

11 Re-engagement of pensioners 9

12 Rate of invalidity pension payable on reclassification 9

13 Increases not payable to certain superannuation pensioners 10

14 Payment of pension increases 10

15 Application 10

Endnotes 11

Endnote 1—About the endnotes 11

Endnote 2—Abbreviation key 13

Endnote 3—Legislation history 14

Endnote 4—Amendment history 15

Endnote 5—Uncommenced amendments [none] 16

Endnote 6—Modifications [none] 16

Endnote 7—Misdescribed amendments [none] 16

Endnote 8—Miscellaneous [none] 16

An Act to provide for Increases in certain Defence Forces Retirement Pensions
1 Short title

This Act may be cited as the Defence Forces Retirement Benefits (Pension Increases) Act 1967.
2 Commencement

This Act shall come into operation on the day on which it receives the Royal Assent
3 Interpretation 1

In this Act, unless the contrary intention appears:

actual pension entitlement means the rate at which pension was payable to him immediately before the commencing date, or, if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or he had made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963-1965, the rate at which pension would have been payable to him at that time if that section had not so applied in relation to him, he had not commuted a portion of his pension or he had not made that election, as the case may be.

basic pension entitlement, in relation to an eligible pensioner, means:

 a

(a) in the case of a pensioner who retired before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1961:

 i

the rate at which pension was payable to him immediately before the commencement of that Act; or

 ii

(ii) if Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be; andsection 69 of the

b

(b) in the case of a pensioner who retired after the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1961 but before the commencement of the Defence Forces Retirement Benefits Act 1963:

 i

(i) the rate at which pension was payable to him immediately before the commencement of the Defence Forces Retirement Benefits Act 1963; or

 ii

(ii) if Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be; andsection 69 of the

c

in any other case—his actual pension entitlement.

eligible pensioner means a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor or by virtue of section 73 of the Defence Forces Retirement Benefits Act 1948, being a pension that commenced to be payable before the thirtieth day of June, One thousand nine hundred and sixty-seven.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

notional rate of annual pay, in relation to an eligible pensioner or a pensioner included in a class of eligible pensioners, means such rate of annual pay payable to members on the thirtieth day of June, One thousand nine hundred and sixty-seven, as the Treasurer determines to be the rate that corresponds with the maximum rate of annual pay that was applicable to the pensioner or to that class of pensioners, as the case may be, immediately before the retirement of the pensioner.

pension at current rate, in relation to an eligible pensioner, means:

 a

(a) except in the case of a pensioner to whom paragraph (b) of this definition applies—the rate at which pension would have been payable to him immediately before the commencing date if the Defence Forces Retirement Benefits Act 1948-1966 had been in force immediately before his retirement and he were, subject to the next succeeding subsection, entitled to pension in accordance with the provisions of that Act; and

 b

(b) in the case of a pensioner who was not an officer immediately before his retirement and in relation to whose pension Defence Forces Retirement Benefits Act 1948 applies—such rate of pension as is ascertained by multiplying the rate of Ninety-one dollars per annum by a number the same as the category number applicable under section 4A of the Defence Forces Retirement Benefits Act 1948-1966 to a rate of annual pay the same as the notional rate of annual pay of the pensioner.section 45 of the

the commencing date means the date of commencement of this Act.

 2

(2) In the application of the provisions of the Defence Forces Retirement Benefits Act 1948-1966 in relation to an eligible pensioner for the purposes of paragraph (a) of the definition of pension at current rate in the last preceding subsection:

 a

the category of the member at his retirement shall be deemed to be the category applicable under section 4A of that Act to a rate of annual pay the same as the notional rate of annual pay of the pensioner;

 b

section 69 of that Act, and any commutation of a portion of his pension by the eligible pensioner, shall be disregarded;

 c

(c) if the eligible pensioner retired before the commencement of the Defence Forces Retirement Benefits Act 1959, paragraph (b) of subsection (4) of section 39 of the Defence Forces Retirement Benefits Act 1948-1966 shall be disregarded;

 d

if the eligible pensioner was an officer immediately before his retirement and retired:

 i

(i) before the commencement of the Defence Forces Retirement Benefits Act 1959;

 ii

after attaining the retiring age for the rank held by him immediately before his retirement; and

 iii

before attaining the age of sixty years, his age on retirement shall be deemed to be the retiring age for the rank held by him immediately before his retirement; and

 e

if the eligible pensioner was not an officer immediately before his retirement and retired:

 i

(i) before the commencement of the Defence Forces Retirement Benefits Act 1959;

 ii

after attaining the retiring age for the rank held by him immediately before his retirement;

 iii

before attaining the age of sixty years; and

 iv

after completing twenty years' service for pension;

the number of years of service for pension completed by him immediately before his retirement shall be deemed to be twenty years or such number of years of service for pension as had been completed by him immediately before he attained the retiring age for the rank held by him immediately before his retirement, whichever is the greater.

 3

(3) A reference in this Act to the Defence Forces Retirement Benefits Act 1948 shall be read as a reference to that Act as amended and in force from time to time.

4

(4) Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948-1966 have, in this Act, unless the contrary intention appears, the same respective meanings as they have in the Defence Forces Retirement Benefits Act 1948-1966.

4 Increases in pensions of certain eligible pensioners

Where the pension at current rate applicable to an eligible pensioner (other than an eligible pensioner to whom section 7 of this Act applies) exceeds his actual pension entitlement, he is, subject to this Act, entitled to an increase in the rate of his pension equal to five-sevenths of the difference between the pension at current rate applicable to him and his basic pension entitlement.
5 Application of increases to commuted pensions etc. 1

(1) Where an eligible pensioner who has commuted a portion of his pension under Defence Forces Retirement Benefits Act 1948 or has made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963-1965 is entitled to an increase in the rate of his pension under the preceding provisions of this Act, he is, subject to this Act, in lieu of the increase to which, but for this section, he would have been entitled in accordance with those provisions, entitled to an increase that bears to the increase to which he would have been so entitled the same proportion as the rate at which pension was payable to him immediately before the commencing date bears to the rate at which pension would have been payable to him immediately before that date if he had not commuted a portion of his pension or had not made that election, as the case may be. section 74 of the

2

(2) The operation of Defence Forces Retirement Benefits Act 1948 shall be disregarded for the purposes of the last preceding subsection. section 69 of the

6 Adjustment in relation to previous increase

Where an eligible pensioner was granted an increase in the rate of his pension under the Defence Forces Retirement Benefits (Pension Increases) Act 1961 or Part III of the Defence Forces Retirement Benefits Act 1963, any increase in the rate of his pension to which he is entitled under the preceding provisions of this Act shall be reduced by the amount of that first-mentioned increase.

7 Increased rates of pensions payable to certain eligible pensioners 1

This section applies to an eligible pensioner:

 a

(a) the rate of whose pension has been reduced under Defence Forces Retirement Benefits Act 1959 or of that Act as amended;section 58 or section 79A, or under an agreement entered into in pursuance of section 78 or section 79, of the

b

(b) the rate of whose pension is, by virtue of the operation of Defence Forces Retirement Benefits Act 1948, less than it would otherwise be;section 77 or section 78 of the

c

(c) who retired after the commencement of the Defence Forces Retirement Benefits Act 1959 and, immediately before his retirement, was not a contributor for maximum additional basic pension for the purposes of Part III of that Act;

 d

(d) who retired after the commencement of the Defence Forces Retirement Benefits Act 1962 and, immediately before his retirement, was not a contributor for maximum additional basic pension for the purposes of Part IV of that Act;

 e

(e) who retired after the commencement of the Defence Forces Retirement Benefits Act 1963 and, immediately before his retirement, was not a contributor for maximum additional basic pension for the purposes of Part IV of that Act; or

 f

(f) who is a person to whom the Defence Forces Special Retirement Benefits Act 1960 applies.

2

The rate of pension payable to an eligible pensioner to whom this section applies is, in lieu of the rate at which, apart from this section, that pension would be payable, such rate as the Finance Minister determines to be appropriate having regard to the increases in the rates of pensions payable to other eligible pensioners by virtue of the preceding provisions of this Act and to all the circumstances of the case.
8 Increase in certain widows’ pensions 1

Where, immediately before the commencing date:

 a

(a) a pension was payable to a person under Defence Forces Retirement Benefits Act 1948 by virtue of that person being the widow of a member who died before retirement but who, if he had retired on the day on which he died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section 52 of the Defence Forces Retirement Benefits Act 1948, would have been entitled to an increase in that pension under this Act;section 55 of the

b

(b) a pension was payable to a person under subsection (1) of Defence Forces Retirement Benefits Act 1948 by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of his pension immediately before the commencing date, would have been entitled to an increase in that pension under this Act; orsection 57 of the

c

(c) a pension was payable to a person under subsection (3) of Defence Forces Retirement Benefits Act 1948 by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section 52 of the Defence Forces Retirement Benefits Act 1948, would have been entitled to an increase in that pension under this Act:section 57 of the

the widow is, subject to this Act, entitled to an increase in her pension, being an increase equal to five-eights of the increase in pension to which her husband would have been entitled under this Act, but, in ascertaining the increase in pension to which her husband would have been entitled, if her husband commuted a portion of his pension under Defence Forces Retirement Benefits Act 1948, section 5 of this Act shall be disregarded in so far as it applies by reason of the commutation. section 74 of the

2

(2) The reference in the last preceding subsection to the fraction of five-eighths shall, in the case of the widow of a person who made an election under subsection (6) of Defence Forces Retirement Benefits Act 1959 and has not revoked that election, or has made an election under subsection (4) of section 48 of that Act, be read as a reference to the fraction of one-half. section 47 of the

3

This section does not apply to a widow to whom the next succeeding section applies.
9 Increased rates of pensions payable to certain widows 1

This section applies to a person who is:

 a

(a) the widow of a pensioner the rate of whose pension was reduced under Defence Forces Retirement Benefits Act 1959 or of that Act as amended;section 58 or section 79A, or under an agreement entered into in pursuance of section 78 or section 79, of the

b

the widow of a member, being a widow the rate of whose pension has been reduced under a section or an agreement referred to in the last preceding paragraph;

 c

(c) the widow of a member or of a pensioner, being a widow the rate of whose pension is, by virtue of the operation of Defence Forces Retirement Benefits Act 1948, less than it would otherwise be;section 77 or section 78 of the

d

(d) the widow of a member who died, or of a pensioner who retired, after the commencement of the Defence Forces Retirement Benefits Act 1959 and who, immediately before his death or retirement, as the case may be, was not a contributor for maximum additional basic pension for the purposes of Part III of that Act;

 e

(e) the widow of a member who died, or of a pensioner who retired, after the commencement of the Defence Forces Retirement Benefits Act 1962 and who, immediately before his death or retirement, as the case may be, was not a contributor for maximum additional basic pension for the purposes of Part IV of that Act;

 f

(f) the widow of a member who died, or of a pensioner who retired, after the commencement of the Defence Forces Retirement Benefits Act 1963 and who, immediately before his death or retirement, as the case may be, was not a contributor for maximum additional basic pension for the purposes of Part IV of that Act; or

 g

(g) the widow of a pensioner who was a person to whom the Defence Forces Special Retirement Benefits Act 1960 applied.

2

The rate of pension payable to a person to whom this section applies is, in lieu of the rate at which, apart from this section, that pension would be payable, such rate as the Finance Minister determines to be appropriate having regard to the increases in the rates of pensions payable by virtue of the last preceding section and to all the circumstances of the case.
10 Application of increases to suspended pensions

Where a person would, but for Defence Forces Retirement Benefits Act 1948, be an eligible pensioner, that person shall, upon his pension again becoming payable to him after the commencing date, be entitled to an increase in the pension equal to the increase to which he would have been entitled if he had been an eligible pensioner. section 53A of the

11 Re-engagement of pensioners

Any increase in pension to which a person is entitled under this Act is subject to the operation of Defence Forces Retirement Benefits Act 1948.section 69 of the

12 Rate of invalidity pension payable on reclassification

Where, on or after the commencing date, an eligible pensioner to whom pension is payable under Defence Forces Retirement Benefits Act 1948 is reclassified under section 53 of that Act, the rate at which pension is payable to him on and after the date from which the reclassification has effect shall be the rate at which pension would have been payable to him on the commencing date if he had been so reclassified with effect on and from the day immediately preceding the commencing date. section 52 of the

13 Increases not payable to certain superannuation pensioners

An increase in pension provided for by this Act (other than a pension payable to a person as a widow or a pension in respect of a child) is not payable to or in relation to a person who was, immediately before the commencing date, also entitled to pension under the Superannuation Act 1922-1967.

14 Payment of pension increases 1

(1) The reference in subsection (1) of Defence Forces Retirement Benefits Act 1948-1966 to benefits under that Act shall be read as including a reference to increases in pensions.section 15B of the

2

The Commonwealth shall pay to the Defence Forces Retirement Benefits Fund amounts equal to the amounts by which payments of pensions (including pensions that become payable to widows of eligible pensioners who die on or after the commencing date) are increased by virtue of this Act, and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly.
15 Application

Increases in pensions payable by virtue of this Act have effect from and including the first fortnightly payment of pensions made after the commencing date.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s)

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Defence Forces Retirement Benefits (Pension Increases) Act 1967 91, 1967
Administrative Changes(Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 s 8
Statute Law Revision Act 2011 5, 2011 22 Mar 2011 Sch 5 (items 100, 101): 19 Apr 2011 —
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 8 (item 106) and Sch 14 (items 1–4): 1 July 2014 (s 2(1) items 6, 14) Sch 14 (items 1–4)

Endnote 4—Amendment history
Provision affected How affected
s 3 am No 5, 2011; No 62, 2014
s 7 am No 36, 1978; No 5, 2011
s 9 am No 36, 1978; No 5, 2011

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]