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AUSTRALIAN DEFENCE FORCE COVER ACT 2015 - SECT 4

Definitions

    In this Act:

"ADF" means the Australian Defence Force.

"ADF Super" has the same meaning as in the Australian Defence Force Superannuation Act 2015 .

"basic annual rate" of invalidity pension for an invalid on a day (the key day ) is the rate worked out using the formula:

Start formula Invalid's prospective service to age 60 times Current value on the key day of the invalid's salary on the day he or she was discharged times Incapacity factor on the key day end formula

Note:   If the basic annual rate of invalidity pension is relevant to the rate of another pension payable under Division   3 or 4 of Part   2, Division   5 of that Part may affect the incapacity factor and therefore the basic annual rate.

"benefit" means a pension or other payment under this Act.

"Board" has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"continuous full-time Reservist" means a member of the Reserves who is rendering a period of continuous full - time service.

"covered ADF member" means a person:

  (a)   who is under 60; and

  (b)   who is a member of the Permanent Forces or a continuous full - time Reservist; and

  (c)   who either:

  (i)   is an ADF Super member (as defined in the Australian Defence Force Superannuation Act 2015 ); or

  (ii)   would have been an ADF Super member except that a fund other than ADF Super has become the person's chosen fund under section   32F of the Superannuation Guarantee (Administration) Act 1992 for contributions by the Department.

"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"current value" : the current value on a day (the key day ) of the rate of a person's salary or pension on the day the person was medically discharged or died is:

  (a)   if the key day is before the first 1   January or 1   July after the day of the discharge or death--that rate; or

  (b)   if the key day is on or after the first 1   January or 1   July after the day of the discharge or death--that rate, as affected by indexation under section   43 on each 1   January and 1   July that is:

  (i)   after the day of the discharge or death; and

  (ii)   before or on the key day.

"death benefit lump sum" for the death of a covered ADF member means the amount worked out using the formula:

Start formula Member's prospective service to age 60 times Member's salary on the day of his or her death times 25% end formula

"Defence Force Case Assessment Panel" means the Defence Force Case Assessment Panel established under section   100 of the Defence Force Retirement and Death Benefits Act 1973 .

"eligible child" has the meaning given by section   5.

"eligible children pension percentage" has the meaning given by section   6.

"incapacity factor" for an invalid who is classified under Subdivision B of Division   2 of Part   2 as class A or class B means:

  (a)   if the invalid is classified as class A--2.2%; or

  (b)   if the invalid is classified as class B--1.1%.

"index number" for a March quarter or September quarter means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.

"invalid" means a person who ceased to be a covered ADF member because he or she was medically discharged before he or she turned 60.

"invalidity pension" means pension payable to an invalid under Subdivision A of Division   2 of Part   2.

"invalid's spouse pension" means pension payable under Subdivision A of Division   3 of Part   2 to the surviving spouse of an invalid who has died.

"March quarter" means the 3 months starting on 1   January.

"marital or couple relationship" has the meaning given by section   7.

"medically discharged" : a covered ADF member is medically discharged when his or her service in the ADF is terminated because he or she is medically unfit to perform his or her duties because of a physical or mental impairment.

Note:   Under section   31A, a person is taken in certain circumstances to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

"member spouse" means a member spouse within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"non-member spouse" means a non - member spouse within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"partner" : a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes).

"Permanent Forces" has the same meaning as in the Defence Act 1903 .

"personal information" has the same meaning as in the Privacy Act 1988 .

"prospective service to age 60" has the meaning given by section   8.

"Reserves" has the same meaning as in the Defence Act 1903 .

"rules" means rules made under section   67.

"salary" of a covered ADF member has the meaning given by section   9.

"September quarter" means the 3 months starting on 1   July.

"splitting agreement" means:

  (a)   a superannuation agreement (within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 ); or

  (b)   a flag lifting agreement (within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 ) that provides for a payment split (within the meaning of that Part).

"splitting order" means a splitting order within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"spouse pension child supplement percentage" has the meaning given by section   10.

"superannuation interest" means a superannuation interest within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"surviving spouse" of an invalid, or covered ADF member, who dies has the meaning given by section   11.

"welfare" includes education and financial advantage.



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