{"id":"F2017L01095","name":"Defence Force Retirement and Death Benefits Regulations 2017","slug":"defence-force-retirement-and-death-benefits-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439313,"registerId":"F2017L01095-fast-fetch-1775955385478","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Force Retirement and Death Benefits Regulations 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nDefence Force Retirement and Death Benefits Regulations 2017\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 24 August 2017\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nDan Tehan\n\nMinister for Defence Personnel\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Annual pay applicable to a member of the Defence Force on a day\n\n7 Benefits for certain spouses in post‑retirement marital or couple relationships—pension\n\n8 Benefits for certain spouses in post‑retirement marital or couple relationships—lump sum payment\n\nSchedule 1—Repeals\n\nDefence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979\n\nDefence Force Retirement and Death Benefits Regulations 1973\n\n \n\n1  Name\n\n  This instrument is the Defence Force Retirement and Death Benefits Regulations 2017.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 29 August 2017\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Defence Force Retirement and Death Benefits Act 1973.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Defence Force Retirement and Death Benefits Act 1973.\n\nDefence Act means the Defence Act 1903.\n\n6  Annual pay applicable to a member of the Defence Force on a day\n\nMembers who are public office holders\n\n (1) For the purposes of the definition of annual rate of pay in subsection 3(1) of the Act, the annual pay applicable on a particular day to a member of the Defence Force whose remuneration is determined by the Remuneration Tribunal under subsection 7(3) of the Remuneration Tribunal Act 1973 is the amount that is the annual rate of remuneration of the member on that day as determined by the Remuneration Tribunal under that subsection.\n\nOther members\n\n (2) For the purposes of the definition of annual rate of pay in subsection 3(1) of the Act, the annual pay applicable on a particular day to a member of the Defence Force (other than a member referred to in subsection (1) of this section) is the sum of:\n\n (a) the amount of the annual rate of salary applicable to the member on that day under a determination under Part IIIA of the Defence Act; and\n\n (b) if service allowance is payable to the member under a determination under Part IIIA of the Defence Act—the amount of the annual rate of service allowance applicable in respect of service by the member on that day.\n\n (3) If, under the relevant determination under Part IIIA of the Defence Act, different annual rates of salary are specified according to the number of years of service that a member of the Defence Force who holds a specified rank, or is taken to hold that rank, has completed, then for the purposes of paragraph (2)(a) of this section, the annual rate of salary under the determination applicable to a member of the Defence Force who holds that rank is taken to be the annual rate of salary applicable to a member of the Defence Force who has completed the longer or longest period of service that is specified in the determination in relation to a member who holds, or is taken to hold, that rank.\n\n (4) A reference in this section to the annual rate of salary applicable to a member of the Defence Force on a particular day under a determination under Part IIIA of the Defence Act is a reference to the amount that would be the annual rate of salary applicable to the member on that day under the determination if the term rank had the meaning given by subsection 3(1) of the Defence Force Retirement and Death Benefits Act 1973.\n\nChaplains\n\n (5) For the purposes of paragraph (2)(a) of this section, the annual rate of salary applicable on a particular day to a member of the Defence Force who is a chaplain is the highest annual rate of salary applicable on that day under a determination under Part IIIA of the Defence Act for the classification applicable to the chaplain.\n\n7  Benefits for certain spouses in post‑retirement marital or couple relationships—pension\n\nPrescribed rate\n\n (1) For the purposes of subsection 6BA(3) of the Act, the rate of $1,779.02 is prescribed.\n\nIndexation of prescribed rate\n\n (2) On 1 January 2018 and on each following 1 July and 1 January, the prescribed rate is increased in accordance with subsection (3) or (4) (as the case requires).\n\n (3) If, in the 6 month period beginning on 1 July in a year (the relevant period), the latest CPI number is greater than the earlier CPI number, the prescribed rate is increased, on 1 January immediately following the end of the relevant period, in accordance with the formula:\n\n![](image.002.png)\n\nwhere:\n\nearlier CPI number is the CPI number for the last March quarter before the start of the relevant period.\n\nlatest CPI number is the CPI number for the September quarter before the end of the relevant period.\n\nprescribed rate is the rate in force under this section at the end of the relevant period.\n\n (4) If, in the 6 month period beginning on 1 January in a year (the relevant period), the latest CPI number is greater than the earlier CPI number, the prescribed rate is increased, on 1 July immediately following the end of the relevant period, in accordance with the formula:\n\n![](image.002.png)\n\nwhere:\n\nearlier CPI number is the CPI number for the last September quarter before the start of the relevant period.\n\nlatest CPI number is the CPI number for the March quarter before the end of the relevant period.\n\nprescribed rate is the rate in force under this section at the end of the relevant period.\n\n (5) The amount of the rate worked out under subsection (3) or (4) is to be rounded to the nearest cent (rounding 0.5 cents upwards).\n\n (6) If the Australian Statistician publishes for a particular March quarter or September quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number is to be disregarded for the purposes of this section.\n\n (7) However, if the Australian Statistician changes the index reference period for the Consumer Price Index, then for the application of this section after the change is made, regard is to be had only to CPI numbers published in terms of the new index reference period.\n\n (8) In this section:\n\nCPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.\n\nMarch quarter means a period of 3 months ending at the end of March.\n\nSeptember quarter means a period of 3 months ending at the end of September.\n\n8  Benefits for certain spouses in post‑retirement marital or couple relationships—lump sum payment\n\n  For the purposes of subsection 6BA(3) of the Act, a lump sum payment to which a spouse is entitled under that subsection is worked out in accordance with the formula:\n\n![](image.003.png)\n\nwhere:\n\nage factor means:\n\n (a) if the spouse is a female—the factor specified in the column headed “Spouse pension Single life” that relates to the spouse’s age in Table 4B of Part 4 of Schedule 1 to the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003; or\n\n (b) if the spouse is a male—the factor specified in the column headed “Spouse pension Single life” that relates to the spouse’s age in Table 4A of Part 4 of Schedule 1 to the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.\n\nrate of pension means the rate of pension worked out for the spouse in accordance with subsection 6BA(2) of the Act.\n\nSchedule 1—Repeals\n\n \n\nDefence Force Retirement and Death Benefits (Annual Rates of Pay) Regulations 1979\n\n1  The whole of the Regulations\n\nRepeal the Regulations.\n\nDefence Force Retirement and Death Benefits Regulations 1973\n\n2  The whole of the Regulations\n\nRepeal the Regulations.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a consolidation and modernisation exercise. The regulations replace and repeal two earlier instruments (1973 and 1979) without expanding the scope beyond the original DFRDB scheme's purpose. The post-retirement spouse benefits (sections 7-8) implement specific provisions already in the parent Act (section 6BA), rather than creating new categories of entitlement."},"complexity_factors":["Moderate cross-referencing to external instruments (Defence Act 1903, Remuneration Tribunal Act 1973, Family Law (Superannuation) Approval 2003)","Mathematical formulas with defined variables for pension calculations and indexation","Conditional logic for CPI indexation (different formulas for January vs July adjustments)","Nested definitions requiring lookup in external tables (life expectancy factors based on gender and age)","Specific technical rules for pay calculations (e.g., 'longest period of service' rule for salary tiers, special treatment for chaplains)"],"plain_english_summary":"This law updates how retirement and death benefits under the closed DFRDB scheme are calculated, clarifying annual pay for benefit calculations, setting pension and lump‑sum rules for spouses who enter relationships after a member’s retirement (using age/life‑expectancy factors), indexing pensions to CPI twice yearly, and repealing outdated regulations.\n\nIt affects current and former ADF members in DFRDB, post‑retirement spouses/partners, and administrators (Defence and CSC), ensuring fair, modernised entitlements and inflation protection."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument primarily updates and consolidates operational rules for calculating benefit amounts (how to treat annual pay, how to index a prescribed spouse pension rate, and how to convert that pension to a lump sum). It also repeals two older regulations. Those changes refine the mechanics of benefit calculation and indexation but do not expand eligibility or introduce new substantive categories of beneficiaries beyond what the Act allows. In that sense the instrument remains within the original statutory scope of implementing the Defence Force Retirement and Death Benefits Act rather than growing the scheme’s substantive reach."},"complexity_factors":["Short instrument (8 substantive clauses plus Schedule 1) but multiple external cross‑references","Cross‑references to at least four external instruments: Defence Force Retirement and Death Benefits Act 1973, Defence Act 1903 (Part IIIA determinations), Remuneration Tribunal Act 1973, and the Family Law (Superannuation) Approval 2003 (age factor tables)","Indexation logic with conditional timing (separate 6‑month comparison windows for 1 Jan and 1 Jul increases) and rounding rules (reg 7(2)–(5))","Treatment of multi‑step salary scales by converting to longest/maximum service step (reg 6(3)) — a non‑obvious rule that changes calculation basis","Gendered reference to different Family Law tables for age factors (reg 8) — reliance on external numeric tables increases implementation complexity","Special‑case rules for substituted CPI numbers and changes in CPI reference period (reg 7(6)–(7))","Small number of defined terms in the instrument itself but heavy reliance on definitions in the primary Act (subsection 3(1) of the Act)"],"plain_english_summary":"**What this instrument does, mechanically**\n\n- This instrument (the Defence Force Retirement and Death Benefits Regulations 2017) sets out detailed rules used to work out retirement and death benefits under the Defence Force Retirement and Death Benefits Act 1973 (the Act).  Its main operative parts:  \n  - define what counts as a member’s annual pay for the purposes of calculating benefits (regulation 6);  \n  - prescribe a fixed periodic pension rate for certain spouses in post‑retirement relationships and the way that rate is indexed over time (regulation 7);  \n  - specify how a lump sum payment for those spouses is calculated, using an age factor taken from family‑law superannuation tables (regulation 8); and  \n  - repeal two earlier sets of Defence Force Retirement and Death Benefits regulations (Schedule 1).  \n\n**Who it affects**\n\n- Current and former members of the Australian Defence Force (ADF), because their “annual rate of pay” is the base for certain retirement and death benefits (see reg 6).  \n- Spouses (including de facto partners recognised as spouses) who enter post‑retirement marital or couple relationships with a member, because regs 7 and 8 set the pension rate and lump‑sum calculation that may be payable to them under subsection 6BA(3) of the Act.  \n- Administrative agencies and decision‑makers: the Remuneration Tribunal (for some members’ pay), Defence (which issues Part IIIA determinations that set salaries and service allowances), and actuarial/benefits administrators who implement indexation and lump‑sum calculations.  \n\n**How the key rules work (plain language, with section pointers)**\n\n- Annual pay for Tribunal‑determined members (reg 6(1)): if a member’s pay is set by the Remuneration Tribunal under the Remuneration Tribunal Act 1973, that Tribunal’s annual remuneration amount for the member on the relevant day is the “annual pay” used under the Act.  \n\n- Annual pay for other members (reg 6(2)–(5)): for members paid under Defence Act Part IIIA determinations, the “annual pay” is the member’s annual salary under that Defence determination plus any annual service allowance (if payable). If the Defence determination specifies different salary rates by years of service, the regulation treats the relevant annual salary as the rate for the longest period specified (so the highest step). Chaplains are treated by reference to the highest classification rate applicable to them (reg 6(5)).  \n\n- Prescribed spouse pension rate and indexation (reg 7): the instrument prescribes a base dollar rate ($1,779.02) for the pension payable under subsection 6BA(3). That prescribed rate is reviewed twice yearly (on 1 January and 1 July) and increased when the Consumer Price Index (CPI) shows an increase over the relevant six‑month comparison period. The regulation gives the exact CPI quarters to compare, rounds increases to the nearest cent, specifies how to treat substituted CPI publications, and requires use of the updated CPI reference period if the Australian Statistician changes it.  \n\n- Lump sum calculation for spouses (reg 8): the lump sum payable under subsection 6BA(3) is worked out using a formula that combines the spouse’s pension rate (as worked out under subsection 6BA(2) of the Act) with an age factor. The age factor is taken from the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003 — specifically the single‑life “Spouse pension” table for females (Table 4B) or males (Table 4A) depending on the spouse’s gender.  \n\n**Why this matters (stated purpose and practical implications)**\n\n- Purpose claimed in the instrument: to provide clear operational rules for (a) what counts as a member’s annual pay for benefit calculations; and (b) the value and indexation of spouse pensions and lump sums payable under the Act (see regs 6–8).  \n\n- Practical consequences and trade‑offs:  \n  - Who pays: the Commonwealth (through the Defence Force Retirement and Death Benefits scheme) bears the cash cost of the prescribed spouse pension and any lump sums. The fiscal exposure depends on the number of eligible spouses and the path of CPI. (Regs 7–8.)  \n  - Who decides: benefit amounts and the annual‑pay base are determined by a mix of independent pay determinations (Remuneration Tribunal), Defence Part IIIA instruments, the Australian Statistician’s CPI publications, and the specified Family Law tables that supply age factors. The regulation therefore delegates substantive measurement to existing external decision‑makers and indices (regs 6, 7, 8).  \n  - Incentives and behaviour: the regulation fixes mechanical rules rather than creating discretionary entitlements. Two consequential incentives are: (i) the provision treating multi‑step pay tables as if the highest step applies (reg 6(3)) increases the benefit base relative to using a lower step, marginally raising future benefit liabilities; and (ii) chaplains being referenced to the highest applicable classification rate (reg 6(5)) likewise raises the salary base used for benefits. Those are administrative design choices affecting benefit size rather than altering eligibility.  \n  - Indexation asymmetry: indexation increases the prescribed spouse pension only when CPI rises in the relevant comparison period; there is no corresponding decrease mechanism when CPI falls (reg 7(3)–(4)). That protects nominal value on CPI upswings but can let real value drift if CPI is stagnant or falls.  \n  - Reliance on external tables/approvals: the lump‑sum conversion uses family law superannuation tables (the age factors) that are maintained outside the Defence benefit system (reg 8). Changes to those tables, or to CPI calculation methodology by the Australian Statistician, will affect Defence liabilities without separate legislative amendment (reg 7(6)–(7), reg 8).  \n\n**Administrative and implementation notes**\n\n- Administrative burden: implementing these rules requires Defence actuarial work to pull Remuneration Tribunal determinations, Defence Part IIIA salary/service allowance determinations, CPI numbers, and Family Law age factors into benefit calculations. The rules are formulaic and intended to minimise case‑by‑case discretion, but they do impose ongoing indexation calculations and table lookups. (See regs 6–8.)  \n\n- Compliance and legal clarity: the regulations replace older instruments (Schedule 1), which reduces fragmentation. However, they cross‑reference several external instruments and indices; that creates a small risk of confusion when those external sources change (e.g. Family Law tables or CPI reference periods).  \n\n**Who benefits and who bears costs (concentrated vs diffuse effects)**\n\n- Concentrated benefits: spouses who qualify under subsection 6BA(3) receive a concrete, prescribed pension rate and a specific lump‑sum conversion rule (regs 7–8).  \n- Diffuse costs: the Commonwealth budget funds the payments; costs are spread across government appropriations for Defence benefits. Any increase in base salary definitions (reg 6) raises long‑term liabilities for the scheme and therefore increases budget exposure.\n\n**Key sections to read**\n- Definitions and authority: regs 3–5.  \n- Annual pay definitions: reg 6 (important for how member salaries and allowances feed into benefits).  \n- Spouse pension rate and indexation: reg 7 (prescribed dollar rate, CPI‑linked increases, rounding and CPI handling rules).  \n- Lump‑sum calculation: reg 8 (formula using a rate of pension plus an age factor drawn from Family Law tables).  \n- Repeals of prior regulations: Schedule 1.\n\n(Analyst note: these are mechanical, actuarial and administrative rules; they do not change eligibility criteria in the Act itself but change how certain dollar amounts and conversions are calculated and indexed.)"}},"importantCases":[],"_links":{"self":"/api/acts/defence-force-retirement-and-death-benefits-regulations-2017","history":"/api/acts/defence-force-retirement-and-death-benefits-regulations-2017/history","analysis":"/api/acts/defence-force-retirement-and-death-benefits-regulations-2017/analysis","conflicts":"/api/acts/defence-force-retirement-and-death-benefits-regulations-2017/conflicts","importantCases":"/api/acts/defence-force-retirement-and-death-benefits-regulations-2017/important-cases","documents":"/api/acts/defence-force-retirement-and-death-benefits-regulations-2017/documents"}}