Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Retiring age for rank held  
   5.      Continuity of service  
   5A.     Persons excluded from definition of eligible member of the Defence Force  
   5B.     Continuous full - time Reservists whose engagements span 30 June 2016  
   6.      Non - effective service  
   6A.     Marital or couple relationship  
   6B.     Spouse who survives a deceased person  
   6BA.    Benefits for certain spouses in post - retirement marital or couple relationships  
   6C.     Surcharge deduction amount  
   6D.     Application of the Criminal Code  

   PART III--CONTRIBUTIONS

   17.     Contributions by members of scheme  
   18.     Contributions not to be paid during periods of non - effective service  
   18A.    Contributions not to be paid after 40 years of effective service  
   19.     Amount of fortnightly contributions  
   20.     Amount of contributions on reduction in pay  
   21.     Purchase of previous non - contributory service  
   22.     Deductions of contributions from pay  

   PART IV--RETIREMENT--BENEFITS

   23.     Entitlement to retirement pay  
   24.     Commutation of retirement pay  
   25.     Rate of retirement pay applicable to certain existing contributors  

   PART V--INVALIDITY--BENEFITS

   26.     Invalidity benefit  
   27.     Incapacity due to wilful action  
   28.     Pre - existing invalidity or incapacity  
   29.     Invalidity or incapacity arising during absence without leave exceeding 60 days  
   30.     Classification in respect of incapacity  
   31.     Class A and Class B invalidity pay  
   32.     Class C invalidity benefit  
   32A.    Commutation of Class C invalidity pay  
   33.     Rate of invalidity pay applicable to certain existing contributors  
   34.     Reclassification in respect of incapacity  
   35.     Power of CSC to require persons to be medically examined etc.  
   36.     Invalidity benefits payable to certain contributors under Superannuation Act or the Superannuation Act 1990  
   37.     Chief of the Defence Force may inform CSC of grounds of retirement  

   PART VI--BENEFITS--ON DEATH OF MEMBER OF SCHEME

           Division 1--Spouse's pension

   38.     Spouse's pension on death of contributing member  
   39.     Spouse's pension on death of recipient member  
   40.     Set off against spouse's pension in certain circumstances  
   41.     Rate of pension payable on death of member of scheme leaving more than one spouse  
   41A.    Commutation of spouse's pension  

           Division 2--Children's pensions

   42.     Eligible children other than orphans  
   43.     Eligible orphans  

           Division 2A--Special pensions

   43A.    Special pensions  
   44.     Restoration of pensions for remarried widows and widowers  

           Division 3--Miscellaneous

   45.     Payment of benefits otherwise than to person entitled  
   46.     Superannuation Act and the Superannuation Act 1990  
   47.     Death of recipient member etc. due to retirement disabilities etc.  
   48.     Lump sum payments on or after death--members with only one period of effective service  
   48A.    Lump sum payments on or after death--members with more than one period of effective service  
   49.     Death of contributing member after 60 days absence without leave  

   PART VIA--FAMILY--LAW SUPERANNUATION SPLITTING

           Division 1--Preliminary

   49A.    Definitions  

           Division 2--Benefits for non-member spouse

   49B.    Associate pension for non - member spouse if operative time in payment phase  
   49C.    Commutation of small associate pension  

           Division 3--Reduction of benefits for member spouse

   49D.    Operative time during growth phase--reduction of later standard pension or lump sum amount  
   49E.    Operative time during payment phase--reduction of standard pension or lump sum amount  

           Division 4--Miscellaneous

   49F.    Ministerial Orders  

   PART VIB--SUSTAINING--THE SUPERANNUATION CONTRIBUTION CONCESSION: RELEASE OF BENEFIT TO MEET DEFERRED TAX LIABILITY

   49K.    Release of benefits under a release authority  
   49L.    Limit on amount that may be released  
   49M.    Priority order in relation to commutation of pension  
   49N.    Calculation of person's benefits after payment of release authority lump sum  
   49P.    Modification for candidates at parliamentary elections  
   49Q.    Modification for section 62  

   PART VII--CANDIDATES--AT PARLIAMENTARY ELECTIONS

   50.     Interpretation  
   51.     Election by re - instated candidate  
   52.     Effect of election under section 51  
   53.     Refund of benefits by re - instated candidates to whom this Part applies  
   54.     Re - instated candidates to whom Part does not apply  
   55.     Rights of contributing members who resign to contest elections and are not re - instated  

   PART VIII--GENERAL--PROVISIONS APPLICABLE TO CONTRIBUTIONS AND BENEFITS

   56.     Refund of contributions  
   57.     Election by officer on short service commission who continues to serve in respect of period of service under short service commission  
   59.     Instalments of pension benefits  
   60.     Prescribed basic annual rate of pay  
   61.     Payment of refund of contributions or of lump sum payment to CSC in discharge of liability under Superannuation Act  
   61A.    Payment of refund of contributions or of lump sum payment to CSC in discharge of liability under the Superannuation Act 1990  
   62.     Recipient member who becomes eligible member  
   63.     Non - recipient retired member who again becomes an eligible member within 90 days  
   64.     Non - recipient retired member who again becomes an eligible member after 90 days  
   65.     Application of sections 63 and 64 to benefit under subsection 32(2)  

   PART IX--PRESERVATION--OF RIGHTS OF CERTAIN MEMBERS OF THE SCHEME

           Division 1--Preliminary

   66.     Interpretation  
   67.     Variation of determinations by CSC  

           Division 2--Contributing members who have preserved rights from previous employment

   68.     Transfer value payable in respect of previous employment  
   69.     Members who pay transfer values to Commonwealth  

           Division 3--Preservation of rights of contributing members ceasing to be eligible members of the Defence Force

   70.     Interpretation  
   71.     Eligible employment  
   72.     Public employment  
   73.     Eligible superannuation schemes  
   74.     Transfer value  
   75.     Deferred benefits  
   76.     Election that Division apply  
   77.     Circumstances in which transfer value payable  
   78.     Circumstances in which person entitled to deferred benefits  
   79.     Person who is entitled to rights under this Division not entitled to other retirement benefits  
   80.     Certain former contributing members not entitled to benefits under this Division  
   81.     Member who resigned to contest an election  
   82.     Provisions applicable to certain recipient members restored to health  
   83.     Person entitled to deferred benefits again becoming a member etc. before benefits payable  

           Division 4--Miscellaneous

   84.     Special provisions affecting former members of certain superannuation schemes  

   PART X--CONTRIBUTORS--UNDER PREVIOUS BENEFITS SCHEME ETC.

   85.     Interpretation  
   86.     Refund of previous contributions  
   87.     Additional contribution by certain pre - 1959 contributors  
   87A.    Additional contributions by certain persons purchasing service under section 27 of the previous Act  
   88.     Contribution equal to deferred contributions under previous Act  
   89.     Purchase of previous non - contributory service  
   90.     Elections to become contributors by certain members  
   91.     Certain periods of previous service deemed to be periods of effective service  
   92.     Application of Act in respect of elections under subsection 4A(3B) of previous Act  
   93.     Election by member of scheme to whom subsection 69(1A) of previous Act applies  
   94.     Death of contributing member after 60 days absence without leave  
   95.     Pre - existing invalidity or incapacity  
   96.     Invalidity classification  
   97.     Medical examination of member of scheme entitled to invalidity pay  
   98.     Incapacity due to wilful action  

   PART XA--PENSION--INCREASES

           Division 1--Introduction

   98AA.   Simplified outline of this Part  
   98A.    Definitions  
   98AB.   Substitutions and changes by Statistician  
   98AC.   Rounding of percentages  

           Division 2--General provisions about pension increases

   98AD.   Simplified outline of this Division  
   98B.    Increase in certain pensions  
   98C.    Application of increase to suspended pension benefits  
   98D.    Adjustment of increase in case of certain pension benefits  
   98E.    Date of payment of increases  
   98F.    Rate of invalidity pay payable on reclassification during a prescribed half - year  
   98G.    Commutation of pension benefits during a prescribed half - year  

           Division 3--Increase for pensioners aged 55 or older

   98GA.   Simplified outline of this Division  
   98GB.   Increase for pensioners aged 55 or older  
   98GC.   Indicative pension amount  
   98GD.   LCI percentage  
   98GE.   MTAWE result  
   98GF.   55 - plus percentage if MTAWE result is higher  

   PART XB--PROVISIONS--RELATING TO CERTAIN MEMBERS OF THE DEFENCE FORCE

   98H.    Interpretation  
   98J.    Waiving of contributions  
   98K.    Variation of pension benefits  
   98L.    Commutation of retirement pay and invalidity pay  

   PART XI--REVIEW--OF DECISIONS BY CSC

           Division 1--Review of decisions by CSC

   99.     Review of decisions of CSC  

           Division 2--Defence Force Case Assessment Panel

   100.    Establishment  
   101.    Members  
   102.    Functions  
   103.    Proceedings  
   104.    Indemnification  
   105.    Remuneration and allowances  
   106.    Recommendations by Panel to CSC  

           Division 3--Review of decisions by the Administrative Review Tribunal

   107.    Review by the Administrative Review Tribunal  

   PART XII--MISCELLANEOUS

   124.    Election relating to surcharge deduction amount  
   124A.   Determinations with respect to surcharge deduction amount  
   124B.   Recoverable payments  
   124C.   Recoverable death payments  
   124D.   Reports about recoverable payments and recoverable death payments  
   125.    Payments by the Commonwealth  
   126.    Recovery of amounts payable to Commonwealth  
   127.    Recipient member etc. to inform CSC if he becomes eligible member  
   128.    Extension of periods of elections  
   128A.   Cancellation of elections  
   129.    Assignment of pensions  
   130.    Attachment of benefits  
   130A.   Repayment of amounts that have been refunded to the Commonwealth  
   130B.   Trustee of Scheme for purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997  
   131.    Regulations  

   PART XIII--TRANSFER--TO MSB SCHEME

   132.    Election to remain member of scheme or to join MSB scheme  
   133.    Election where member dies  
   134.    Effect of election  
   135.    Loss of entitlement to benefits etc.  
   136.    Failure to make election  
   137.    Certain persons liable to make repayments to Commonwealth on making of election  
   138.    Persons precluded from transferring to MSB scheme  
           SCHEDULE 1 Retirement pay expressed as a percentage of annual rate of pay
           SCHEDULE 2 Notional retiring age for certain officers retiring at own request or on disciplinary grounds, or entitled to deferred benefit retirement pay
           SCHEDULE 3 Commutation of retirement pay and Class C invalidity pay--expectation of life factor