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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 98F

Rate of invalidity pay payable on reclassification during a prescribed half - year

  (1)   Where:

  (a)   a person to whom pension benefit, being invalidity pay, is payable, is reclassified under section   34 during a prescribed half - year; and

  (b)   the person became entitled at the commencement of that half - year to an increase under this Part   in the rate at which the pension benefit was payable to him immediately before the commencement of that half - year;

the rate at which the pension benefit is payable to him on and after the date from which the reclassification has effect is the rate at which the pension benefit would have been payable to him at the commencement of that half - year if his classification, on and after the date on which he became entitled to the pension benefit, had been in accordance with the reclassification.

  (3)   Where:

  (a)   at the commencement of a prescribed half - year, a member of the scheme entitled to invalidity benefit was classified as Class C under section   30 (whether on retirement or because of a reclassification under section   34) but was not entitled to invalidity pay; and

  (b)   during the prescribed half - year the member is reclassified as Class A or Class B;

the rate at which pension benefit, being invalidity pay, is payable to the member on or after the day from which the reclassification has effect is the rate at which the benefit would be payable to the member on that day if, at all times during the period during which the member was classified as Class C, the member had been classified as Class A or Class B (as the case may be).



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