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

Commutation of retirement pay and invalidity pay

  (1)   Notwithstanding any other provision of this Act, where a prescribed member:

  (a)   retired during the prescribed period;

  (b)   throughout a period that ended immediately before his retirement, held an acting or temporary rank; and

  (c)   has made:

  (i)   an election under section   24 in respect of retirement pay; or

  (ii)   an election under section   32A in respect of invalidity pay;

the member may make:

  (d)   a further election under section   24 in respect of retirement pay; or

  (e)   a further election under section   32A in respect of invalidity pay;

as the case may be, before 1   September 1982.

  (2)   For the purposes of this Act, where a prescribed member who has made:

  (a)   an election or elections under section   24 in respect of retirement pay; or

  (b)   an election or elections under section   32A in respect of invalidity pay;

makes a further election under section   24 or 32A, as the case may be, that he would not have been entitled to make but for subsection   (1), that further election shall, notwithstanding subsections   24(4) and 32A(6), as the case may be, be deemed to have taken effect on the day on which that first - mentioned election or the earliest of those first - mentioned elections took effect.



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