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Defence Force Retirement and Death Benefits (Pension Increases) Act 1976

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DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34, 1976
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - TABLE OF PROVISIONS
DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Increases to be paid out of Consolidated Revenue Fund PART II-INCREASES IN CERTAIN PENSIONS PAYABLE UNDER DEFENCE FORCES RETIREMENT BENEFITS ACT 4. Incorporation with the Defence Forces Retirement Benefits Act 5. Interpretation 6. Increase in certain pensions for 1973-74 7. Increases in certain pensions for 1974-75 and for 1975-76 8. Non-contributory portion of annual pension 9. Application of increase to suspended pensions 10. Adjustment of first increase under this Part in case of pensions that first became payable on or after 1 October 1971 11. Adjustment of increase in case of certain pensions that first became payable after previous increase granted under this Part 12. Modifications of certain sections of Defence Forces Retirement Benefits Act 13. Rate of invalidity pension payable on re-classification 14. Commutation of pensions on or after 1 July 1973 15. Dates of effect of increases 16. Certain entitlements under this Part to be substituted for entitlements under other legislation, &c. PART III-INCREASES IN CERTAIN PENSION BENEFITS PAYABLE UNDER DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 17. Incorporation with the Defence Force Retirement and Death Benefits Act 18. Interpretation 19. Increase in certain pension benefits 20. Amount of increase in certain pension benefits 21. Amount of increase in certain pension benefits to which section 20 does not apply 22. Application of increase to suspended pension benefits 23. Rate of invalidity pension benefit payable on re-classification 24. Commutation of pension benefits on or after 1 July 1975 25. Date of effect of increases DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 1. Short title.
1976 No. 34 of 1976 An Act to make Provision for and in relation to Increases in Pensions payable to or in respect of former Members of the Defence Force. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:- PART I-PRELIMINARY 1. This Act may be cited as the Defence Force Retirement and Death Benefits (Pension Increases) Act 1976.*1* DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 2. Commencement.
2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent.*1* (2) Part II, other than section 16, shall be deemed to have come into operation on 1 July 1973. (3) Part III shall be deemed to have come into operation on 1 July 1975. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 3. Increases to be paid out of Consolidated Revenue Fund.

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3. Amounts by which payments of pensions, or pension benefits, are increased by virtue of this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 4. Incorporation with the Defence Forces Retirement Benefits Act.
PART II-INCREASES IN CERTAIN PENSIONS PAYABLE UNDER DEFENCE FORCES RETIREMENT BENEFITS ACT 4. This Part is incorporated, and shall be read as one, with the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force at any relevant time. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 5. Interpretation.
5. (1) In this Part, unless the contrary intention appears- ''Defence Forces Retirement Benefits Act'' means the Defence Forces Retirement Benefits Act 1948, and includes any other Act relating to retirement benefits for members of the Defence Force that came into operation before 1 October 1972 and that modifies or affects the provisions of the Defence Forces Retirement Benefits Act 1948; ''Defence Forces Retirement Benefits Act 1948'' means the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time; ''pension'' means a pension payable under the Defence Forces Retirement Benefits Act; ''prescribed year'' means the year commencing on 1 July 1974 or the year commencing on 1 July 1975. (2) Subject to sub-section (3), if, at any time, whether before or after the commencement of this section, the Statistician has published in respect of a particular March quarter or June quarter an all groups consumer price index number for the weighted average of the 6 State capital cities or an estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth in substitution for an index number or estimate previously published by him in respect of that quarter, the publication of the later index number or estimate shall be disregarded for the purposes of this Part. (3) Notwithstanding sub-section (2), if, at any time after the commencement of this section the Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this Part after the change takes place, regard shall be had only to index numbers published in terms of the new reference base. (4) If the prescribed percentage for the purposes of section 6 or 7 is or includes a fraction of one-tenth of 1 per centum- (a) if that fraction is less than one-half of one-tenth-that fraction shall be disregarded; and (b) if that fraction is not less than one-half of one-tenth-that fraction shall be treated as one-tenth. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 6. Increase in certain pensions for 1973-74.
6. (1) Subject to this Part, if- (a) the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of the year 1973 exceeds the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the June quarter of the year 1971; and (b) the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the March quarter of the year 1973 exceeds the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the June quarter of the year 1971, a person who was in receipt of a pension (other than a pension payable to or in respect of an eligible child) immediatley before 1 July 1973 is entitled to an increase, as ascertained in accordance with this section, in the amount of the annual pension that was payable to him immediately before that date. (2) The increase provided for by sub-section (1) in the amount of the annual pension payable to a person immediately before 1 July 1973, is the prescribed percentage of the non-contributory portion of the amount of the annual pension. (3) For the purposes of this section, the prescribed percentage is whichever is the lower of-
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(a) 1.4 times the percentage that represents A-B expressed as a percentage of B; or (b) the percentage that represents C-D expressed as a percentage of D, where- A is the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of the year 1973; B is the all groups consumer price index number for the weighted average of the 6 State captial cities published by the Statistican in respect of the June quarter of the year 1971; C is the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the March quarter of the year 1973; and D is the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the June quarter of the year 1971. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 7. Increases in certain pensions for 1974-75 and for 1975-76.
7. (1) Subject to this Part, if- (a) the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of the year immediately preceding a prescribed year exceeds the highest all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of any earlier year not being a year earlier than the year that commenced on 1 July 1972; and (b) the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the March quarter of the year immediately preceding that prescribed year exceeds the highest estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the March quarter of any earlier year not being a year earlier than the year that commenced on 1 July 1972, a person who was in receipt of a pension (other than a pension payable to or in respect of an eligible child) immediately before the commencement of that prescribed year is entitled to an increase, as ascertained in accordance with this section, in the amount of the annual pension that was payable to him immediately before the commencement of that prescribed year. (2) The increase provided for by sub-section (1) in the amount of the annual pension payable to a person immediately before the commencement of a prescribed year is the prescribed percentage of the non-contributory portion of the amount of the annual pension. (3) For the purposes of this section, the prescribed percentage is whichever is the lower of- (a) 1.4 times the percentage that represents A-B expressed as a percentage of B; or (b) the percentage that represents C-D expressed as a percentage of D, where- A is the all groups consumer price index number for the weighted average of the 6 State capital cities published by the Statistician in respect of the March quarter of the year immediately preceding the prescribed year; B is the highest all groups consumer price index number for the weighted average of the 6 State captial cities published by the Statistician in respect of the March quarter of any year earlier than the year immediately preceding the prescribed year but not being earlier than the year that commenced on 1 July 1972; C is the estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the March quarter of the year immediately preceding the prescribed year; and D is the highest estimate of the seasonally adjusted average weekly earnings per employed male unit throughout the Commonwealth published by the Statistician in respect of the March quarter of any year earlier than the year immediately preceding the prescribed year but not being earlier than the year
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that com- menced on 1 July 1972. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 8. Non-contributory portion of annual pension.
8. (1) For the purposes of this Part, the non-contributory portion of the amount of annual pension payable to a person at a particular time (in this section referred to as ''relevant time'') is- (a) in a case to which paragraph (b) does not apply-the amount remaining after deducting from the amount of the annual pension- (i) subject to sub-paragraphs (ii) and (iii)-an amount equal to the sum of- (A) the amount (if any) by which the amount of the annual pension has been increased by virtue of section 45 of the Defence Forces Retirement Benefits Act 1948; and (B) an amount equal to two-sevenths of the amount of the person's contributory pension as ascertained in accordance with sub-section (2); (ii) if the pension is payable to a person under section 52 of the Defence Forces Retirement Benefits Act 1948 and, as a result of the re-classification of the person under section 53 of that Act, his classification at the relevant time is different from his classification upon retirement-an amount equal to two-sevenths of the amount that would have been the amount of his contributory pension if his classification at the time of his retirement had been the same as his classification at the relevant time; or (iii) if a portion of the person's pension had been commuted, or several portions of the person's pension have been commuted, before the relevant time-an amount that bears to an amount equal to two-sevenths of the amount that would have been the amount of his contributory pension if no portion of his pension had been commuted the same proportion as the amount of the annual pension that would have been payable to the person upon the day following the day on which he retired if that portion or those portions of his pension had been commuted upon the day on which he retired bears to the pension that was payable to him upon the first-mentioned day; and (b) in the case of a pension payable to a person by virtue of that person's being a widow- (i) in the case of a widow whose husband made, and did not revoke, an election under sub-section 47 (6) of the Defence Forces Retirement Benefits Act 1959-so much of the amount of the annual pension as is equal to one-half of the amount that would have been the non-contributory portion, as asceertained under paragraph (a), of the amount of the annual pension payable to her husband at the relevant time if- (A) in a case to which clause (B) does not apply-he had not died and, in a case where he had commuted a portion of his pension, he had not done so; or (B) in a case where he died before retirement or where pension is, under sub-section 57 (3) of the Defence Forces Retirement Benefits Act 1948, payable to the widow as if her husband had so died-he had not died but, at the time of his death, had retired on the grounds of invalidity and had been classified as class A under sub-section 51 (2) of the Defence Forces Retirement Benefits Act 1948; (ii) in the case of a widow whose husband made an election under sub-section 47 (6) of the Defence Forces Retirement Benefits Act 1959 and an election under section 61A or 61B of the Defence Forces Retirement Benefits Act 1963 or that Act as amended and in force at any time and, after the date on which the later election took effect, he revoked the former election-the amount remaining after deducting from the amount of the annual pension payable to her at the relevant time an amount equal to- (A) in a case to which clause (B) does not apply-one-half of the amount that, if her husband had not died, and, in a case where he had commuted a portion of his pension, he had not done so, would, for the purpose of ascertaining the non-contributory portion of the amount of the annual pension payable to him at the relevant time, have been deducted under paragraph (a) from the amount of the annual pension payable to him at that time; and (B) in a case where her husband died before retirement or where pension is, under sub-section 57 (3) of the Defence Forces Retirement Benefits Act, payable to her as if her husband had so died-one-half of the amount that, if her husband had not died but, at the time of his death, had retired on the
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ground of invalidity and had been classified as class A under sub-section 51 (2) of the Defence Forces Retirement Benefits Act 1948, would, for the purpose of ascertaining the non-contributory portion of the annual pension payable to him at the relevant time, have been deducted under paragraph (a) from the amount of the annual pension payable to him at that time; and (iii) in any other case-so much of the amount of the annual pension as is equal to five-eighths of the amount that would have been the non-contributory portion, as ascertained under paragraph (a), of the amount of the annual pension payable to the husband of the widow at the relevant time if- (A) in a case to which clause (B) does not apply-he had not died and, in a case where he had commuted a portion of his pension, he had not done so; or (B) in a case where he died before retirement or where pension is, under sub-section 57 (3) of the Defence Forces Retirement Benefits Act 1948, payable to the widow as if her husband had so died-he had not died but, at the time of his death, had retired on the grounds of invalidity and had been classified as class A under sub-section 51 (2) of the Defence Forces Retirement Benefits Act 1948. (2) In sub-section (1), ''contributory pension'' in relation to a person referred to in that sub-section means- (a) if the person made an election under section 61A or 61B of the Defence Forces Retirement Benefits Act 1963 or that Act as amended and in force at any time-the pension, other than pension payable to him by virtue of section 45 of the Defence Forces Retirement Benefits Act 1948, that would have been payable to him on his retirement if the category number that was applicable to him immediately before the election took effect had been the category number applicable to him on his retirement; and (b) in any other case-the pension, other than pension payable to him by virtue of section 45 of the Defence Forces Retirement Benefits Act 1948, that was payable to him on his retirement. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 9. Application of increase to suspended pensions.
9. Where a pension would, but for its suspension under section 53B of the Defence Forces Retirement Benefits Act 1948, be payable to a person immediately before 1 July 1973 or immediately before the commencement of a prescribed year, that pension shall, for the purposes of this Part, be deemed to have been payable to that person at that time but any increase in that pension by virtue of this Act does not take effect in respect of any part of that period of suspension. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 10. Adjustment of first increase under this Part in case of pensions that first became payable on or after 1 October 1971.
10. (1) Where a person would, but for this section, be entitled to an increase in the amount of the annual pension that was payable to the person immediately before 1 July 1973, and- (a) that pension is payable in respect of the retirement or death of a contributor on or after 1 October 1971; or (b) in the case of a pension payable in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948- (i) if the pension was payable to the person otherwise than as a widow-the pension became payable on or after 1 October 1971; or (ii) if the pension was payable to the person as a widow- (A) if a pension in accordance with that section was not payable to the husband of the person immediately before his death-the pension became payable on or after 1 October 1971; or (B) if a pension in accordance with that section was payable to the husband of the person immediately before his death-the pension that was payable to that husband became payable on or after 1 October 1971, the following provisions of this section have effect. (2) Subject to the succeeding provisions of this section, the amount of the increase under section 6 is, by virtue of this sub-section, so much only of the amount that, but for this sub-section, would have been the amount of the increase under that section as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day after the day on which the retirement or death referred to in paragraph (1) (a) took place, or the pension referred to in sub-paragraph (1) (b) (i),
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clause (1) (b) (ii) (A) or clause (1) (b) (ii) (B), as the case may be, became payable, and ended on 30 June 1973, bears to 21. (3) If the pension in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948 became payable after 15 June 1973, the person is not entitled to the increase under section 6. (4) If the period referred to in sub-section (2) is less than 1 month, that period shall be treated as 1 month. (5) If the period referred to in sub-section (2) consists of a number of whole months and a part of a month- (a) where the number of days in that part of a month is less than one-half of the number of days in that month-that part of a month shall be disregarded; and (b) where the number of days in that part of a month is not less than one-half of the number of days in that month-that part of a month shall be treated as a whole month. (6) Where- (a) sub-section 69 (1A) of the Defence Forces Retirement Benefits Act 1948 applied to a pensioner on his again becoming a member; and (b) that member again retired on a date on or after 1 October 1971, and before 1 October 1972, the date of retirement of that member for the purposes of this section is the date of his retirement before that sub-section applied to him or first applied to him. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 11. Adjustment of increase in case of certain pensions that first became payable after previous increase granted under this Part.
11. (1) Where a person in receipt of a pension payable in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948 would, but for this section, be entitled to an increase in the amount of the annual pension that was payable to the person immediately before the commencement of a prescribed year and- (a) if the pension became payable to the person otherwise than as a widow-it became payable on or after 1 July in the year immediately preceding the prescribed year; or (b) if the pension became payable to the person as a widow- (i) in a case where a pension in accordance with that section was not payable to the person's husband immediately before his death-the pension became payable on or after 1 July in the year immediately preceding the prescribed year; or (ii) in a case where a pension in accordance with that section was payable to the person's husband immediately before his death- the husband's pension became payable on or after 1 July in the year immediately preceding the prescribed year, the following provisions of this section have effect. (2) Subject to the succeeding provisions of this section, the amount of the increase under section 7 is, by virtue of this sub-section, so much only of the amount that, but for this sub-section, would have been the amount of the increase under that section as bears to that last-mentioned amount the same proportion as the number of months in the period that commenced on the day on which the pension referred to in paragraph (1) (a), sub-paragraph (1) (b) (i) or sub-paragraph (1) (b) (ii) became payable, and ended on 30 June of the year immediately preceding the prescribed year, bears to 12. (3) If the pension in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948 became payable after 15 June in the year immediately preceding the prescribed year, the person is not entitled to the increase under section 7. (4) If the period referred to in sub-section (2) is less than 1 month, that period shall be treated as 1 month. (5) If the period referred to in sub-section (2) consists of a number of whole months and a part of a month- (a) where the number of days in that part of a month is less than one-half of the number of days in that month-that part of a month shall be disregarded; and (b) where the number of days in that part of a month is not less than one-half of the number of days in that month-that part of a month shall be treated as a whole month. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 12. Modifications of certain sections of Defence Forces Retirement Benefits Act.
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12. (1) In calculating, for the purposes of pension payable under paragraph 55 (1) (b) or 57 (1) (b) of the Defence Forces Retirement Benefits Act 1948, the amount of the annual rate of the pension, being a pension under paragraph 55 (1) (a) or 57 (1) (a) of that Act, that is, or is to be deemed, by virtue of sub-section 55 (3) or 57 (5) of that Act, to be, payable to a widow, any amount by which that amount is, or would have been, increased by virtue of the operation of this Part shall be taken into account. (2) In calculating, for the purposes of pension payable under sub-section 55 (2) or 57 (4) of the Defence Forces Retirement Benefits Act 1948, the amount of the annual rate of the pension, being a pension under paragraph 55 (1) (a) or 57 (1) (a) of that Act, that, but for the death of a widow, would have been payable, or would, by virtue of sub-section 55 (3) or 57 (5) of that Act, have been deemed to have been payable, to the widow, any amount by which that amount would have been increased by virtue of the operation of this Part shall be taken into account. (3) In calculating, for the purposes of pension payable under sub-section 58 (1) of the Defence Forces Retirement Benefits Act 1948, the amount of the annual rate of the pension, being a pension under paragraph 55 (1) (a) or 57 (1) (a) of that Act, that, but for the death or divorce of the wife of a contributor or pensioner, would have been payable to the wife, any amount by which that amount would have been increased by virtue of the operation of this Part shall be taken into account. DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT. 13. Rate of invalidity pension payable on re-classification.
13. (1) Where, on or after 1 July 1973, a person to whom pension is payable under section 52 of the Defence Forces Retirement Benefits Act 1948 and who is entitled to an increase in the rate of his pension under this Part is re-classified under section 53 of that Act, the rate at which pension is payable to him on and after the date (in this section referred to as the ''re-classification date'') from which the re-classification has effect is the rate at which pension would have been payable to him upon the date that is the relevant date in relation to the re-classification date if he had been so re-classified with effect from 30 June last preceding the relevant date. (2) In this section, a reference to the relevant date, in relation to the date from which the re-classification of a person under section 53 of the Defence Forces Retirement Benefits Act 1948 has effect, shall be read as a reference- (a) if the re-classification has effect from a date occurring during the year commencing on 1 July 1973-to 1 July 1973; (b) if the re-classification has effect from a date occurring during the year commencing 1 July 1974-to 1 July 1974; or (c) if the re-classification has effect from 1 July 1975 or a later date-to 1 July 1975.