Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 69

  (1)   Where a person who becomes a contributing member has, at any time before becoming a member, been in employment within or outside Australia upon the termination of which a transfer value became payable to or in respect of him on or after 25   May 1971 under a superannuation scheme applicable in relation to that employment, and:

  (a)   the member, by notice in writing given to CSC within a period of 90 days after the date on which he becomes a contributing member, or within such further period as CSC, in special circumstances, allows, elects to pay to the Commonwealth an amount equal to the amount of that transfer value or, if 2 or more transfer values became payable, the sum of the amounts of those transfer values; and

  (b)   that amount is, before the expiration of that period of 90 days or that further period, as the case may be, paid to the Commonwealth;

the succeeding provisions of this section have effect.

  (2)   So much of the amount paid to the Commonwealth 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, 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 paid to the Commonwealth by the member under section   17.

  (3)   The total period of effective service of a contributing member referred to in subsection   (1) of this section, or of a contributing member in respect of whom a transfer value was paid to the Board under section   82R of the previous Act, shall be deemed to be increased by such period as is determined by CSC, having regard to such matters as are prescribed for the purposes of this section, as being appropriate.

  (4)   If:

  (a)   under the superannuation scheme applicable in relation to any previous employment of the person, the whole or any part of the employer component of a transfer value was payable to the contributing member upon the termination of that employment irrespective of whether he engaged in further employment; and

  (b)   the contributing member ceases to be an eligible member of the Defence Force and benefit is payable to him under subsection   32(2) or under section   48 or 56;

so much of the amount paid to the Commonwealth under subsection   (1) as is equal to the employer component of the transfer value or to that part of that employer component, as the case may be, is payable to or in respect of him.

  (5)   For the purposes of this section:

  (a)   the employee component of a transfer value payable to or in respect of a person is the part (if any) of that transfer value that was based upon contributions made by the person; and

  (b)   the employer component of a transfer value payable to or in respect of a person is the part of that transfer value that was based upon contributions by an employer or employers of the person.