Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 39

  (1)   This section applies to an officer who:

  (a)   is a contributor; and

  (b)   is not entitled on retirement to a pension under section   38 or to invalidity benefit.

  (2)   Where:

  (a)   an officer to whom this section applies:

  (i)   retires on or after attaining the retiring age for the rank held by him; and

  (ii)   had, not later than 2 years after attaining the retiring age for the rank held by him, completed 15 years' service for pension;

  (b)   an officer to whom this section applies:

  (i)   has completed 20 years' service for pension; and

  (ii)   retires before attaining the retiring age for the rank held by him;

    and the Board is satisfied that the purpose of his retirement is to meet the needs of the Service; or

  (c)   an officer to whom this section applies:

  (i)   has completed a period of service for pension not less than the period specified in the Fourth Schedule in relation to his rank at the date of his retirement; and

  (ii)   retires with the approval of the Service Board before, but within 3 years of, attaining the retiring age for the rank held by him, being a rank the retiring age for which is an age not greater than 55 years;

    and the Board is satisfied that the purpose of the retirement is to enable him to establish himself in civil employment and approves payment of pension under this section to him;

the officer is entitled, on his retirement, to a pension in accordance with the succeeding provisions of this section.

  (3)   Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is 60 years or more is an amount per annum ascertained by multiplying the amount of $91 by the number that is his category number on that date.

  (3A)   Subject to this Act, the rate at which pension is payable under this section to an officer whose age on the date of his retirement is less than 60 years is the amount per annum that would be the rate applicable to him under subsection   (3) if he had attained the age of 60 years on that date multiplied by the factor set out in the third column of the Second Schedule opposite to the age set out in the first column of that Schedule that is his age on that date.

  (4)   In the application of subsections   (3) and (3A) to an officer referred to in paragraph   (2)(a), the age of that officer at the date of his retirement shall be deemed to be his actual age on that date reduced by:

  (a)   a period equal to the difference between 20 years and the number of years of service for pension completed by him; and

  (b)   the number of years of service, if any, completed by him after the expiration of 2 years after he attained the retiring age for the rank held by him.

  (5)   This section does not apply to a person who retires on or after 1   October 1972.