Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   4.      Interpretation  
   4AA.    National serviceman on leave of absence without pay in excess of 30 days  
   4A.     Categories of members  
   13.     Cost of management  
   15D.    Benefits to be paid by Commonwealth after 1 October 1972  
   25.     Cessation of membership  
   26.     Application of the Criminal Code  

   PART V--PENSIONS--AND BENEFITS

           Division 1--Grant of pensions and benefits

   38.     Pension on retirement after 20 years' service for pension--officers  
   39.     Pension on retirement under special circumstances--officers  
   41.     Pension after 20 years' service for pension--other ranks  
   41A.    Annual amount of certain pensions to be calculated to nearest dollar  
   43.     Non - completion of engagement  
   44.     Completion of engagement  
   45.     Pension increase on officer retiring at age of 61 years or over  
   50.     Service on Reserve  
   51.     Classification in respect of incapacity  
   52.     Rate or amount of invalidity benefit  
   52A.    Invalidity benefit payable to certain contributors under Superannuation Act  
   53.     Reclassification in respect of incapacity  
   53B.    Power to require invalid pensioners to be medically examined and to furnish information as to employment  
   54.     Incapacity due to wilful action  
   54A.    Notional retiring age for certain persons not members of the Permanent Forces  
   55.     Pension on death of member  
   57.     Pension on death of pensioner etc.  
   57A.    Set off against widow's pension in certain circumstances  
   58.     Pensions payable in respect of orphans  
   58A.    Basic rate of pensions  
   60.     Refund of contributions  
   62.     Children's pensions  
   63.     Payment of pensions etc. otherwise than to person entitled  
   64.     Special grant of pension  
   64AA.   Special grant of pension where spouse pension would be payable  
   64AB.   Special grant of pension where child's pension would be payable to eligible child  
   64AC.   Special grant of pension where child's pension would be payable to eligible orphan  
   64A.    Restoration of pensions for remarried widows and widowers  
   65.     General provisions as to pensions  
   66.     Instalments of pension  
   68.     Deduction of unpaid contributions from benefits  
   69.     Re - engagement etc. of pensioners  
   71.     Absence or desertion  
   72.     Reduction of gratuity by reason of non - effective service  
   73.     Special invalidity benefit to members under 18 years of age  

           Division 2--Commutation of pension

   74.     Commutation of pension  

   PART VIA--FAMILY--LAW SUPERANNUATION SPLITTING

           Division 1--Preliminary

   80A.    Definitions  

           Division 2--Benefits for non-member spouse

   80B.    Associate pension for non - member spouse  
   80C.    Commutation of small associate pension  

           Division 3--Reduction of benefits for member spouse

   80D.    Reduction of standard pension  

           Division 4--Miscellaneous

   80E.    Ministerial Orders  

   PART VIB--APPLICATION--OF THIS ACT TO PENSIONERS WHO AGAIN BECOME CONTRIBUTORS

   82E.    Application of Part  
   82F.    Contributions  
   82G.    Pension or benefit payable  
   82GA.   Pension rates in special cases  
   82H.    Persons not entitled to double pension and pensions not to be reduced  

   PART VIC--PRESERVATION--OF RIGHTS OF CERTAIN MEMBERS AND FORMER MEMBERS

           Division 1--Preliminary

   82J.    Interpretation  
   82K.    Determinations by the Board  

           Division 2--Contributors who have preserved rights from previous employment

   82L.    Transfer value payable in respect of previous employment  
   82M.    Pension payable in respect of previous employment  
   82N.    Deferred benefits applicable in respect of previous employment  
   82P.    Declaration by member who has previously been in employment  
   82Q.    Members with superannuation rights from previous employment  
   82R.    Rights of members who elect to pay transfer value to Board  
   82S.    Category numbers of certain officers to be reduced  

           Division 3--Preservation of Rights of Contributors Ceasing to be Members

   82T.    Interpretation  
   82U.    Eligible employment  
   82V.    Public employment  
   82W.    Eligible superannuation schemes  
   82X.    Transfer value  
   82Y.    Deferred benefits  
   82Z.    Election that Division apply  
   82ZA.   Circumstances in which transfer value payable  
   82ZB.   Circumstances in which person entitled to deferred benefits  
   82ZC.   Person who is entitled to rights under this Division not entitled to other retirement benefits  
   82ZD.   Certain former contributors not entitled to benefits under this Division  
   82ZE.   Member who resigned to contest an election  
   82ZF.   Invalid pensioner restored to health  
   82ZG.   Person entitled to deferred benefits again becoming a member  

           Division 4--Miscellaneous

   82ZH.   Special provisions affecting former members of certain superannuation schemes  
   82ZJ.   Payments by Commonwealth  

   PART VID--PENSION--INCREASES

           Division 1--Introduction

   83A.    Simplified outline of this Part  
   83.     Definitions  
   83B.    Substitutions and changes by Statistician  
   83C.    Rounding of percentages  

           Division 2--General provisions about pension increases

   83D.    Simplified outline of this Division  
   84.     Increase in certain pensions  
   84A.    Application of increase to suspended pensions  
   84B.    Adjustment of increases in case of certain pensions  
   84C.    Increases in children's pensions  
   84D.    Date of payment of increases  
   84E.    Rate of invalidity pension payable on reclassification during a prescribed half - year  
   84F.    Commutation of pension benefits during a prescribed half - year  

           Division 3--Increase for pensioners aged 55 or older

   84G.    Simplified outline of this Division  
   84H.    Increase for pensioners aged 55 or older  
   84J.    Indicative pension amount  
   84K.    LCI percentage  
   84L.    MTAWE result  
   84M.    55 - plus percentage if MTAWE result is higher  

   PART VII--MISCELLANEOUS

   85.     Assignment of pensions  
   85A.    Attachment of pensions  
   86.     Recovery of contributions  
   86A.    Cancellation of elections  
   87.     Extension or modification of the Act by regulations  
   88.      Regulations  
           SECOND SCHEDULE Pension factors
           FOURTH SCHEDULE Period of service for pension referred to in paragraph 39(2)(c)