{"id":"C1961A00087","name":"Defence Forces Retirement Benefits (Pension Increases) Act 1961","slug":"defence-forces-retirement-benefits-pension-increases-act-1961","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"87 of 1961","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1716,"registerId":"C2004C00481","compilationNumber":null,"startDate":"1997-04-30","status":"InForce","reasons":[{"affect":"Amend","markdown":"Act No. 1 of 1997 ","dateChanged":null,"amendedByTitle":null,"affectedByTitle":null}],"registeredAt":"2013-07-17T13:35:09.453Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Defence Forces Retirement Benefits (Pension Increases) Act 1961.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"##### 3 Interpretation\n\n (1) In this Act:\n\n> prescribed pensioner means a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor or by virtue of section seventy‑three of the Defence Forces Retirement Benefits Act 1948 or of that Act as amended, being a pension that commenced to be payable before the commencement of the Defence Forces Retirement Benefits Act 1959.\n\n> the commencing date means the date of commencement of this Act.\n\n (2) Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948‑1958 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Increase in pensions payable to prescribed pensioners otherwise than in respect of units","content":"##### 4 Increase in pensions payable to prescribed pensioners otherwise than in respect of units\n\n (1) This section applies to a prescribed pensioner to whom the next succeeding section does not apply.\n (2) For the purposes of this section, the Defence Forces Retirement Benefits Act 1948‑1958 shall be deemed to have effect as if:\n\n(a) subsection (2) of section thirty‑eight of that Act provided that, subject to section fifty of that Act, the pension payable to an officer under that section were a pension at such rate set out in column four of Part I of the First Schedule to this Act as is applicable to the officer having regard to the description set out in column one, two or three of that Part that applied to the officer at the date of his retirement;\n\n(b) subsection (3) of section thirty‑nine of that Act provided that the deduction under subsection (2) of that section were a deduction in accordance with the Second Schedule to this Act;\n\n(c) subsection (2) of section forty‑one of that Act provided that, subject to section fifty of that Act, the pension payable to a member under that section were:\n\n(i) a pension at such rate set out in column four of Part II of the First Schedule to this Act as is applicable to the member having regard to the description set out in column one, two or three of that Part that applied to the member at the date of his retirement; and\n\n(ii) in the case of a member who had completed more than twenty year’s service for pension before attaining the retiring age for the rank held by him, additional pension, if any, in accordance with the Third Schedule to this Act for each completed year of service for pension in excess of twenty years;\n\n(d) subsection (2A) of section forty‑eight of that Act provided that the deduction under subsection (2) of that section were a deduction in accordance with the Second Schedule to this Act; and\n\n(e) the reference in the Eighth Schedule to that Act to the amounts of £182 and £91 were references to the amounts of £208 and £104 respectively.\n\n (3) Where the pension payable to a pensioner to whom this section applies would, if the pension were payable to him in accordance with the Defence Forces Retirement Benefits Act 1948‑1958 as that Act is deemed to have effect for the purposes of this section, be payable at a rate higher than the rate at which, but for this section, the pension would be payable, he is entitled to an increase in the rate of the pension to that higher rate.\n (4) In the application of this section to a prescribed pensioner to whom additional pension is payable under section forty‑six of the Defence Forces Retirement Benefits Act 1948‑1958, there shall be taken into account for the purpose of ascertaining the pension that would have been payable to the pensioner if he had continued to serve until he attained the age of sixty years the amount, if any, by which that pension would have been increased by virtue of the next succeeding section.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Increase in pensions payable in respect of units","content":"##### 5 Increase in pensions payable in respect of units\n\n (1) This section applies to a prescribed pensioner to whom pension is payable under section forty‑five, subsection (1) of section fifty‑two or subparagraph (ii) of paragraph (c) of subsection (2) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958.\n (2) In this section:\n\n> actual unit contribution, in relation to a pensioner to whom this section applies, means the number of units in respect of which pension was payable to the pensioner immediately before the commencing date.\n\n> actual unit entitlement, in relation to a pensioner to whom this section applies, means:\n\n(a) the number of units of pension that, immediately before his retirement, was applicable to him under section twenty‑eight of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended and in force at that time; or\n\n(b) his actual unit contribution;\n\n whichever is the greater.\n\n> additional unit entitlement, in relation to a pensioner to whom this section applies, means the number of units, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement.\n\n> adjusted unit entitlement, in relation to a pensioner to whom this section applies, means such number of units set out in column five of the First Schedule to this Act as is applicable to the pensioner having regard to the description set out in column one, two or three of that Schedule that applied to the pensioner at the date of his retirement.\n\n> the prescribed rate:\n\n(a) in relation to a pensioner to whom this section applies and to whom pension is payable under section forty‑five or subsection (1) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958—means the rate of Thirty‑two pounds ten shillings per annum; and\n\n(b) in relation to a pensioner to whom this section applies and to whom pension is payable under subparagraph (ii) of paragraph (c) of subsection (2) of section fifty‑two of that Act—means the rate of Sixteen pounds five shillings per annum;\n\n or, where the actual unit contribution of the pensioner is less than his actual unit entitlement, such rate as bears to the rate applicable to him under paragraph (a) or (b) of this definition the same proportion as his actual unit contribution bears to his actual unit entitlement.\n (3) Where the adjusted unit entitlement of a pensioner to whom this section applies exceeds his actual unit entitlement, the pensioner is, subject to this Act, entitled to an increase in the pension that is payable to him, being an increase calculated at the prescribed rate in respect of each unit included in his additional unit entitlement.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Increase in widows’ pensions","content":"##### 6 Increase in widows’ pensions\n\n Where, immediately before the commencing date:\n\n(a) a pension was payable to a person under section fifty‑five of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended, by virtue of that person being the widow of a member who died before retirement but who, if he had retired on the day on which he died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958, would have been entitled to an increase in that pension under this Act;\n\n(b) a pension was payable to a person under subsection (1) of section fifty‑seven of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended, by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of his pension immediately before the commencing date, would have been entitled to an increase in that pension under this Act; or\n\n(c) a pension was payable to a person under subsection (3) of section fifty‑seven of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended, by virtue of that person being the widow of a pensioner who, if he had not died and had been in receipt of a pension immediately before the commencing date under subsection (1) of section fifty‑two of the Defence Forces Retirement Benefits Act 1948‑1958, would have been entitled to an increase in that pension under this Act,\n\n the widow is, subject to this Act, entitled to an increase in her pension, being an increase equal to five‑eighths of the increase in pension to which her husband would have been entitled under this Act, but, in ascertaining the increase in pension to which her husband would have been entitled, regard shall not be had to the next succeeding section.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of increases to commuted pensions","content":"##### 7 Application of increases to commuted pensions\n\n Where a prescribed pensioner who commuted portion of his pension under section seventy‑four of the Defence Forces Retirement Benefits Act 1948 or of that Act as amended is entitled to an increase in the pension under this Act, that increase shall, in lieu of the increase to which, but for this section, he would have been entitled, be an increase that bears to the increase to which he would have been so entitled the same proportion as the rate at which pension was payable to him immediately before the commencing date bears to the rate at which pension would have been payable to him immediately before the commencing date if he had not commuted any portion of his pension.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of increases to suspended pensions","content":"##### 8 Application of increases to suspended pensions\n\n Where a person would, but for section fifty‑three A of the Defence Forces Retirement Benefits Act 1948‑1959, be a prescribed pensioner for the purposes of this Act, that person shall, upon his pension again becoming payable to him after the commencement of this Act, be entitled to an increase in the pension equal to the increase to which he would have been entitled if he had been a prescribed pensioner.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Re‑employment of pensioners","content":"##### 9 Re‑employment of pensioners\n\n Where, immediately before the commencing date, subsection (1) or (3) of section sixty‑nine of the Defence Forces Retirement Benefits Act 1948‑1959 applied to a pension payable to a person, the pension payable to that person at that time shall, for the purposes of this Act, be deemed to be the pension that would have been payable to that person if that subsection had not applied to the pension, but any increase in a pension to which a person is entitled under this section is subject to the operation of that section and, for the purposes of that section in its application to that pension, the increased pension shall be deemed to be payable under that Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Act does not apply to pension in respect of a child","content":"##### 10 Act does not apply to pension in respect of a child\n\n The increases in pensions provided for by this Act do not apply to or in relation to pension in respect of a child.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Increase in pension not payable where pensioner in receipt of pension under the Superannuation Act","content":"##### 11 Increase in pension not payable where pensioner in receipt of pension under the Superannuation Act\n\n (1) An increase in pension provided for by this Act is not payable at any time when the person entitled to the pension is also entitled to pension under the Superannuation Act 1922‑1959.\n (2) Where the pension payable to the widow of a prescribed pensioner who dies on or after the commencing date is increased by virtue of the prescribed pensioner having been entitled to an increase in pension under this Act, the increase in the widow’s pension shall, for the purposes of the last preceding subsection, be deemed to be an increase provided for by this Act.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Payment of pension increases","content":"##### 12 Payment of pension increases\n\n (1) The reference in subsection (1) of section fifteen B of the Defence Forces Retirement Benefits Act 1948‑1959 to benefits under that Act shall be read as including a reference to increases in pensions payable under this Act.\n (2) The Commonwealth shall pay to the Defence Forces Retirement Benefits Fund amounts equal to the amounts by which payments of pensions (including pensions that become payable to widows of prescribed pensioners who die on or after the commencing date) are increased by virtue of this Act, and the Consolidated Revenue Fund is, to the necessary extent, appropriated accordingly.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Application","content":"##### 13 Application\n\n Increases in pensions payable by virtue of this Act have effect from and including the first fortnightly payment of pensions made after the commencing date.","sortOrder":12},{"sectionNumber":"The Schedules—First Schedule","sectionType":"part","heading":"The Schedules—First Schedule","content":"# The Schedules—First Schedule\n\nSections 4 and 5\n\nPart I—Officers\n\n```html\n

Column 1

Column 2

Column 3

Column 4

Column 5


Permanent
Naval Forces


Permanent
Military Forces


Permanent
Air Force


Rate of Pension per Annum


Number of Units

£ s. d.

Table 1‑Officers other than those referred to in Table 2, Table 3 or Table 4 of this Part

Vice‑Admiral

Lieutenant‑General, Chief of Army

Air Marshal

1,508 0 0

36

Lieutenant‑General

1,443 0 0

34

Rear‑Admiral

1,345 10 0

31

Major‑General

Air Vice‑Marshal

1,195 0 0

31

Captain (and relative rank) of 8 years’ or more service in that rank

Brigadier

Air Commodore

1,020 0 0

29

Captain (and relative rank) of 6 years’ or more, and less than 8 years’, service in that rank

1,020 0 0

28

Captain (and relative rank) of 4 years’ or more, and less than 6 years’, service in that rank

Colonel of 8 years’ or more service in that rank

Group Captain of 8 years’ or more service in that rank

965 0 0

28

Captain (and relative rank) of less than 4 years’ service in that rank

Colonel of 4 years’ or more, and less than 8 years’, service in that rank

Group Captain of 4 years’ or more, and less than 8 years’, service in that rank

965 0 0

27

Colonel of less than 4 years’ service in that rank

Group Captain of less than 4 years’ service in that rank

965 0 0

26

Commander (and relative rank) of 6 years’ or more service in that rank

Lieutenant‑Colonel of 6 years’ or more service in that rank

Wing Commander of 6 years’ or more service in that rank

735 0 0

24

Commander (and relative rank) of 2 years’ or more, and less than 6 years’, service in that rank

Lieutenant‑Colonel of 2 years’ or more, and less than 6 years’, service in that rank

Wing Commander of 2 years’ or more, and less than 6 years’, service in that rank

735 0 0

23

Commander (and relative rank) of less than 2 years’ service in that rank

Lieutenant‑Colonel of less than 2 years’ service in that rank

Wing Commander of less than 2 years’ service in that rank

735 0 0

22

Lieutenant‑ Commander (and relative rank) of 8 years’ or more service in that rank

Major of 6 years’ or more service in that rank

Squadron Leader of 6 years’ or more service in that rank

565 0 0

21

Lieutenant‑ Commander (and relative rank) of 6 years’ or more, and less than 8 years’, service in that rank

Major of 4 years’ or more and less than 6 years’, service in that rank

Squadron Leader of 4 years’ or more, and less than 6 years’, service in that rank

565 0 0

20

Lieutenant‑ Commander (and relative rank) of 2 years’ or more, and less than 6 years’, service in that rank

Major of less than 4 years’ service in that rank

Squadron Leader of less than 4 years’ service in that rank

565 0 0

19

Lieutenant‑ Commander (and relative rank) of less than 2 years’ service in that rank

565 0 0

18

Captain of 4 years’ or more service in that rank

\"\"

475 0 0

17

\"\"

Captain of 2 years’ or more, and less than 4 years’, service in that rank

\"\"

475 0 0

16

\"\"

Captain of less than 2 years’ service in that rank

Flight Lieutenant (not in receipt of Flying Pay) of less than 2 years’ service in that rank

475 0 0

15

Lieutenant (and relative rank) of 2 years’ or more, and less than 4 years’, service in that rank

475 0 0

14

Lieutenant (and relative rank) of less than 2 years’ service in that rank

475 0 0

13

Lieutenant of 2 years’ or more service in that rank

\"\"

350 0 0

13

Lieutenant of less than 2 years’ service in that rank

Flying Officer (not in receipt of Flying Pay) of less than 2 years’ service in that rank

350 0 0

12

Sub‑Lieutenant

Second Lieutenant

Pilot Officer

11

\"\"

Pilot Officer (student)

9

Midshipman

6

Table 2

Officers promoted from Warrant Rank or from Branch Rank (except those specially selected and promoted direct to Lieutenant)—

Commander (and relative rank) of 6 years’ or more service in that rank

850 0 0

24

Commander (and relative rank) of 2 years’ or more, and less than 6 years’, service in that rank

850 0 0

23

Commander (and relative rank) of less than 2 years’ service in that rank

850 0 0

22

Lieutenant‑ Commander (and relative rank) of 4 years’ or more service in that rank

Major (Quartermaster) of 2 years’ or more service in that rank

745 0 0

21

Lieutenant‑ Commander (and relative rank) of less than 4 years’ service in that rank

Major (Quartermaster) of less than 2 years’ service in that rank

745 0 0

20

Lieutenant (and relative rank) of 4 years’ or more service in that rank

Captain (Quartermaster) of 2 years’ or more service in that rank

675 0 0

19

Lieutenant (and relative rank) of less than 4 years’ service in that rank

Captain (Quartermaster) of less than 2 years’ service in that rank

675 0 0

18

Senior Commissioned Officer (and relative rank) of 8 years’ or more service in that rank

605 0 0

17

Senior Commissioned Officer (and relative rank) of 2 years’ or more, and less than 8 years’, service in that rank

605 0 0

16

Senior Commissioned Officer (and relative rank) of less than 2 years’ service in that rank

605 0 0

15

Commissioned Officer (and relative rank) of 4 years’ or more service in that rank

Lieutenant (Quartermaster) of 2 years’ or more service in that rank

510 0 0

15

Commissioned Officer (and relative rank) of less than 4 years’ service in that rank

Lieutenant (Quartermaster) of less than 2 years’ service in that rank

510 0 0

14

Table 3

Royal Australian Army Nursing Corps

Royal Australian Air Force Nursing Service

Colonel

Matron‑in‑Chief or Group Officer

685 0 0

19

Lieutenant‑Colonel

Principal Matron or Wing Officer

565 0 0

16

Major of 8years’ or more service in that rank

Matron or Squadron Officer of 8 years’ or more service in that rank

505 0 0

15

Major of 4 years’ or more, and less than 8 years’, service in that rank

Matron or Squadron Officer of 4 years’ or more, and less than 8 years’, service in that rank

505 0 0

14

Major of less than 4 years’ service in that rank

Matron or Squadron Officer of less than 4 years’ service in that rank

505 0 0

13

Captain of 2 years’ or more service in that rank

Senior Sister or Flight Officer of 2 years’ or more service in that rank

430 0 0

12

Captain of less than 2 years’ service in that rank

Senior Sister or Flight Officer of less than 2 years’ service in that rank

430 0 0

11

Lieutenant of 2 years’ or more service in that rank

Sister or Section Officer of 2 years’ or more service in that rank

330 0 0

9

Lieutenant of less than 2 years’ service in that rank

Sister or Section Officer of less than 2 years’ service in that rank

330 0 0

8

Table 4

Principal Chaplain and Senior Chaplain of 16 years’ or more service in that rank or in the rank of Chaplain

Chaplain, First Class

Chaplain, First Class

730 0 0

23

Principal Chaplain and Senior Chaplain of less than 16 years’ service in that rank or in the rank of Chaplain

730 0 0

22

Chaplain of 18 years’ or more service in that rank

700 0 0

23

Chaplain of 16 years’ or more, and less than 18 years’, service in that rank

Chaplain, Second Class, of 2 years’ or more service in that rank

Chaplain, Second Class, of 2 years’ of more service in that rank

665 0 0

22

Chaplain, Second Class, of less than 2 years’ service in that rank

Chaplain, Second Class, of less than 2 years’ service in that rank

665 0 0

21

Chaplain of 15 years’ or more, and less than 16 years’, service in that rank

665 0 0

20

Chaplain of 14 years’ or more, and less than 15 years’, service in that rank

20

Chaplain, Third Class, of 4 years’ or more service in that rank

Chaplain, Third Class, of 4 years’ or more service in that rank

545 0 0

19

Chaplain of 12 years’ or more, and less than 14 years’, service in that rank

19

Chaplain, Third Class, of 2 years’ or more, and less than 4 years’, service in that rank

Chaplain, Third Class, of 2 years’ or more, and less than 4 years’, service in that rank

545 0 0

18

Chaplain of 10 years’ or more, and less than 12 years’, service in that rank

18

Chaplain, Third Class, of less than 2 years’ service in that rank

Chaplain, Third Class, of less than 2 years’ service in that rank

545 0 0

17

Chaplain of 8 years’ or more, and less than 10 years’, service in that rank

17

Chaplain, Fourth Class, of 4 years’ or more service in that rank

Chaplain, Fourth Class, of 4 years’ or more service in that rank

485 0 0

17

Chaplain, Fourth Class, of 2 years’ or more, and less than 4 years’, service in that rank

Chaplain, Fourth Class, of 2 years’ or more, and less than 4 years’, service in that rank

485 0 0

16

Chaplain of 6 years’ or more, and less than 8 years’, service in that rank

16

Chaplain, Fourth Class, of less than 2 years’ service in that rank

Chaplain, Fourth Class, of less than 2 years’ service in that rank

485 0 0

15

Chaplain of 4 years’ or more, and less than 6 years’, service in that rank

15

Chaplain of 2 years’ or more, and less than 4 years’, service in that rank

14

Chaplain of less than 2 years’ service in that rank

13

\n```\n\nPart II—Members other than officers\n\n```html\n

Column 1

Column 2

Column 3

Column 4

Column 5





Rate of Number




Permanent Naval Forces



Permanent Military Forces




Permanent Air Force


Pension of per Annum Units

£ s. d.

Table 1‑Members other than those referred to in Table 2 of this Part

Chief Artificer (and relative rating)

Warrant Officer (Class I)

Warrant Officer

290 0 0

13

\"\"

Warrant Officer (Class II) Staff Sergeant (Highest Skilled)

\"\"

255 0 0

12

\"\"

Staff Sergeant

Flight Sergeant, Group II, III or IV of less than 6years’ service in that rank

255 0 0

11

\"\"

Sergeant

Sergeant

235 0 0

11

\"\"

235 0 0

10

\"\"

235 0 0

10

Leading Seaman (and relative rating)

\"\"

\"\"

197 0 0

9

Able Seaman (and relative rating)

Private, 2 and 3 Star (and relative rank)

Aircraftman, First Class, Group I, II or III

177 0 0

8

Lance Corporal, 1 Star (and relative rank)

Leading Aircraftman, Group IV1

97 0 0

7

Ordinary Seaman (and relative rating)

Private, 1 Star (and relative rank)

Aircraftman, First Class, Group IV

177 0 0

7

Aircrew trainee (after six months’ service)

7

\"\"

\"\"

\"\"

6

Apprentice

Apprentice

5

Table 2

Royal Military College Cadet undergoing third and fourth years training

Air Cadet undergoing third and fourth years training

6

Cadet Midshipman

Royal Military College Cadet undergoing first and second years training

Air Cadet undergoing first and second years training

5

\n```","sortOrder":13},{"sectionNumber":"Second Schedule—Deductions from officers","sectionType":"part","heading":"Second Schedule—Deductions from officers’ pensions","content":"# Second Schedule—Deductions from officers’ pensions\n\nSection 4\n\n```html\n

Pension per annum:

Deductions for each year or part of a year:

£

Exceeds 1,020............................

47

Exceeds £675 but does not exceed £1,020 ..........

33

Exceeds £535 but does not exceed £675 ...........

26

Exceeds £350 but does not exceed £535 ...........

17

Does not exceed £350 .......................

9

\n```","sortOrder":14},{"sectionNumber":"Third Schedule—Rate per annum of additio","sectionType":"part","heading":"Third Schedule—Rate per annum of additional pension","content":"# Third Schedule—Rate per annum of additional pension\n\nSection 4\n\n```html\n

Rate per annum of additional pension for each completed year of service for pension:

Permanent Naval Forces

Permanent Military Forces

Permanent Air Force

In excess of 20 years up to and including the 25th year:

In excess of 25 years up to and including the 30th year:

In excess of 30 years:

£

£

£

Chief Artificer (and relative rating)

Warrant Officer (Class I)

Warrant Officer

11

12

13

Chief Petty Officer (and relative rating, other than Chief Artificer)

\"\"

Flight Sergeant

10

11

13

Petty Officer (and relative rating)

Sergeant

Sergeant

9

10

11

Leading Seaman (And relative rating)

\"\"

\"\"

8

9

11

\"\"

\"\"

\"\"

8

9

10

\n```","sortOrder":15}],"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act is narrow and self-contained — it does exactly what its title says. There is no evidence of scope creep. It was drafted as a one-time pension adjustment mechanism for a specific cohort of Defence Force retirees and their widows, and its 13 sections and three Schedules remain tightly focused on that single purpose. It does not attempt to reform the underlying retirement benefits scheme, create new entitlements, or expand to cover other classes of public servants."},"complexity_factors":["Three separate Schedules with pension rate tables requiring cross-referencing to determine the applicable increase","Multiple distinct pensioner categories (prescribed pensioners, unit-holders, widows) each governed by different sections","Conditional exclusions that layer on top of each other — e.g., re-employed pensioners, commuted pensions, suspended pensions, and Superannuation Act recipients all trigger separate rules","Reliance on defined terms (e.g., 'prescribed pensioner', 'unit') that themselves reference the parent Defence Forces Retirement Benefits Act, requiring readers to consult external legislation","Historical legislative style with dense, unbroken prose and no signposting — harder to parse than modern drafting","Interaction between this Act and the Superannuation Act creates a cross-legislative exclusion that requires knowledge of both schemes"],"plain_english_summary":"The Act provides a one‑time, legislated increase to retirement pensions payable under the Defence Forces Retirement Benefits scheme for prescribed former ADF members and their widows (excluding children and those already receiving Superannuation Act pensions). It implements specific higher rates (in Schedules) and adjusts for units, commuted or suspended pensions and re‑employed pensioners. Enacted in 1961 as a cost‑of‑living boost rather than ongoing indexation, it remains technically in force for historical entitlements."},"issue_detection":{"absurdities":[{"type":"other","section":"Section 6","severity":"medium","reasoning":"The section title and, presumably, the operative provisions reference only 'widows', not 'widowers' or 'surviving spouses'. Given that women have served in the Australian Defence Force and that same-sex marriage has been legal since 2017, a surviving male or same-sex spouse would fall outside the literal scope of this provision. While interpretive legislation (Acts Interpretation Act 1901) may assist, the drafting creates genuine ambiguity and potential exclusion. This reflects a 1961 drafting assumption that has not been updated.","confidence":0.75,"description":"The section is titled 'Increase in widows' pensions', using exclusively gendered language that presupposes all surviving spouses of deceased defence pensioners are women. This excludes widowers and, in the modern context of same-sex marriage, other surviving spouses entirely — meaning male or non-binary surviving spouses of female service members would receive no increase under this provision."},{"type":"impossible_compliance","section":"Section 7","severity":"medium","reasoning":"Commutation of a pension typically involves the surrender of future periodic payments in exchange for an immediate capital sum. Once commuted, the pension ceases. A provision granting an 'increase' to an already-commuted pension raises the question of what exactly is being increased — the defunct periodic rate, or does it trigger a further lump sum payment? Without a clear mechanism, the section creates an administratively impossible obligation or at minimum deep ambiguity about how the increase is to be calculated and paid.","confidence":0.7,"description":"Application of increases to 'commuted pensions' is logically problematic. A commuted pension is one where the pensioner has elected to take a lump sum in lieu of ongoing pension payments — i.e., the pension no longer exists as a periodic payment. Applying a 'pension increase' to a pension that has already been converted to a lump sum and extinguished creates a logical impossibility: you cannot increase a payment that is no longer being made."},{"type":"other","section":"Section 8","severity":"medium","reasoning":"The interaction between suspension and increase is logically strained. If a pension is suspended (e.g., due to re-employment under s.9), granting an 'increase' to it has no immediate practical effect and may never have any effect if the suspension becomes permanent. The provision attempts to preserve the pensioner's entitlement upon reinstatement, but creates ambiguity about the calculation base and whether the increase accrues during the suspension period.","confidence":0.65,"description":"Application of increases to 'suspended pensions' creates a temporal paradox. A suspended pension is not currently being paid. The Act purports to increase a pension that, by definition, the pensioner is not receiving. It is unclear whether the increase applies immediately (impossible, since no payment is being made) or only upon reinstatement — and if the latter, whether it compounds with the suspended amount or applies to the pre-suspension rate."},{"type":"other","section":"Section 11","severity":"high","reasoning":"The all-or-nothing nature of the exclusion in s.11 produces wildly disproportionate outcomes. There is no proportionality mechanism — no offset, no tapering, no consideration of the quantum of the Superannuation Act pension. The provision appears designed to prevent double-dipping but is drafted so broadly that it creates a perverse incentive: a pensioner would be better off declining a small Superannuation Act pension entirely in order to qualify for the (potentially larger) defence pension increase. This is a classic legislative cliff-edge creating irrational outcomes.","confidence":0.8,"description":"This section denies a pension increase to any pensioner who is 'in receipt of a pension under the Superannuation Act'. This creates an absurd cliff-edge: a defence pensioner who receives even a minimal Superannuation Act pension loses the entire increase under this Act, regardless of whether the Superannuation Act pension is larger or smaller than the increase foregone. A pensioner receiving $1 under the Superannuation Act loses potentially hundreds of dollars per annum in increases."},{"type":"other","section":"Section 13","severity":"low","reasoning":"Having both a 'Commencement' section (s.2) and a separate 'Application' section (s.13) at the end of the Act suggests the Act's temporal or personal scope is being addressed twice. In a 13-section Act, this architectural choice creates potential for conflict between when the Act commences and to whom it actually applies, particularly if s.13 contains carve-outs or conditions that effectively modify the commencement established in s.2.","confidence":0.5,"description":"A section simply titled 'Application' in a short Act that already has a commencement provision (s.2) raises the question of what additional 'application' is being addressed. Without the full text, this risks creating an interpretive overlap or redundancy with s.2, potentially creating two competing provisions governing when and to whom the Act applies."},{"type":"self_contradicting","section":"Second Schedule","severity":"medium","reasoning":"The core purpose of this Act is to increase pensions. The presence of a schedule titled 'Deductions from officers' pensions' sits in direct tension with this purpose. While it may serve an offsetting or clawback function, the architectural choice of embedding deduction mechanisms within an increases Act — without a dedicated explanatory provision — creates genuine confusion about the net effect for any given officer and whether the deductions can exceed the increases (effectively making the 'pension increase' a pension reduction for some officers).","confidence":0.75,"description":"The Second Schedule provides 'Deductions from officers' pensions', while the Act's stated purpose is to provide pension *increases*. A schedule within a Pension Increases Act that mandates deductions is internally contradictory in purpose — the Act gives with one hand and takes with the other, with no clear statement of legislative intent for why a pension-increase Act contains a deductions schedule."}],"contradictions":[{"severity":"medium","section_a":"Section 4","section_b":"Section 11","confidence":0.8,"description":"Section 4 grants pension increases to 'prescribed pensioners', which would ordinarily include defence pensioners broadly. Section 11 then categorically removes this entitlement for any prescribed pensioner who is also receiving a Superannuation Act pension. The two sections operate in direct tension: s.4 grants an entitlement, s.11 silently extinguishes it for a subset of those same pensioners without any cross-reference in s.4 alerting the reader to the exception."},{"severity":"medium","section_a":"Section 7","section_b":"Section 8","confidence":0.65,"description":"Sections 7 and 8 apply pension increases to commuted and suspended pensions respectively, but operate on fundamentally different assumptions about the pension's status. Section 7 treats the pension as effectively still existing (despite commutation having extinguished it as a periodic payment), while Section 8 treats the pension as existing but dormant. These two provisions, read together, create inconsistent legal fictions about what constitutes a 'pension' for the purposes of receiving an increase, potentially allowing or denying increases depending on arbitrary categorisation of the pension's status."},{"severity":"high","section_a":"Section 9","section_b":"Section 8","confidence":0.75,"description":"Section 9 addresses re-employment of pensioners (which typically triggers pension suspension), while Section 8 addresses increases to suspended pensions. Read together, a pensioner re-employed under s.9 would have their pension suspended, yet s.8 purports to still apply increases to that suspended pension. This creates an operational contradiction: the pension is suspended (not payable) by reason of s.9, yet s.8 mandates it be increased. The mechanism for reconciling these competing obligations — suspend but also increase — is entirely absent."},{"severity":"high","section_a":"Section 4","section_b":"Second Schedule","confidence":0.75,"description":"Section 4 grants pension increases to prescribed pensioners, while the Second Schedule mandates deductions from officers' pensions. For officers who are prescribed pensioners, these two provisions operate in direct opposition. Depending on the quantum of the deduction relative to the increase, the Second Schedule could entirely negate — or even reverse — the increase granted by s.4, making the 'increase' effectively illusory for some officers. There is no provision explaining how to reconcile a situation where the deduction exceeds the increase."},{"severity":"low","section_a":"Section 10","section_b":"Section 6","confidence":0.6,"description":"Section 10 states the Act does not apply to pensions in respect of a child, while Section 6 increases widows' pensions. In many cases, a widow's pension and a child's pension are paid concurrently to the same family unit following a member's death. The exclusion of child pensions in s.10 while increasing widow pensions in s.6 creates an internal inconsistency in the Act's treatment of dependent family members — treating the widow as a full beneficiary of the scheme's generosity while entirely excluding children, with no rationale provided."}]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This Act does not broaden eligibility or create new classes of beneficiaries; it is a narrowly targeted instrument that increases the amounts payable to an identifiable set of existing Defence Forces pensioners (those with pensions payable immediately before the commencing date) and specifies how those increases interact with existing rules (commutation, suspension, widows, overlap with Superannuation Act pensions). In short, it modifies rates and calculation mechanics within the original retirement‑benefits framework rather than changing the scheme’s scope or policy purpose."},"complexity_factors":["Extensive cross‑referencing to the Defence Forces Retirement Benefits Act 1948‑1959 (multiple specific sections such as ss 28, 38, 39, 41, 45, 46, 48, 50, 52, 53A, 55, 57, 69, 73, 74 are implicated by the amending/deeming language in s4 and s5).","Large First Schedule with multiple Parts and Tables (Part I: Officers — Tables 1–4; Part II: Members — Tables 1–2) mapping many ranks, service‑length bands and relative ranks to exact annual pension rates and unit counts (dozens of line items).","Second Schedule: tiered deduction table with five separate pension bands and per‑year deduction amounts — introduces piecewise numeric logic to pension computations.","Third Schedule: additional pension rates per completed year of service with multiple columns depending on years beyond 20, 25 and 30 — creates further numeric branching.","Multiple defined or technical terms and borrowings: the Act defines a few terms (e.g. “prescribed pensioner”, “commencing date”, and several defined concepts inside s5 such as “actual unit entitlement”, “adjusted unit entitlement”, “prescribed rate”) and otherwise imports definitions from the 1948 Act (s3(2)).","Nested conditional application: s4 applies only to pensioners to whom s5 does not apply; s5 contains its own eligibility and proportional‑rate rules (including when actual unit contribution is less than entitlement).","Numerical proportionality rules: commuted pensions are adjusted proportionally (s7); prescribed rate for units can be pro‑rata if actual unit contribution < actual unit entitlement (s5(2) final subparagraph).","Exceptions and interactive exclusions: not applicable to child pensions (s10); not payable when receiving Superannuation Act pension (s11); special widow treatment (s6); suspended/re‑employed cases (ss 8–9) add conditional exceptions.","Administrative complexity and implementation risk: applying the Act requires historical verification of rank/service/date‑of‑retirement facts and re‑calculation of fortnightly payments from the first pay period after commencement (s13)."],"plain_english_summary":"**What this Act does (mechanically)**\n\n- The Act raises the amounts paid to certain existing Defence Forces retirement pensioners by changing the rates and calculation rules that apply under the Defence Forces Retirement Benefits Act 1948‑1958. It does this by: (a) treating specified provisions of the 1948 Act as if they prescribed higher pension rates set out in the First Schedule to this Act (section 4); (b) prescribing increases specifically for “unit”‑based pensions (section 5); and (c) setting how deductions and additional‑pension amounts are to be calculated by reference to the Second and Third Schedules (section 4(2)(b),(c) and the Schedules).\n\n- The Act also makes special rules for widows (they receive five‑eighths of the husband’s increase where applicable) (section 6), for pensions that have been commuted (the increase is applied in proportion to the uncommuted part) (section 7), for pensions temporarily suspended and later reinstated (section 8), and for pensioners re‑employed under existing re‑employment rules (section 9).\n\n- It excludes increases for pensions payable for a child (section 10), and it prevents payment of an increase at any time a person is also receiving a pension under the Superannuation Act 1922‑1959 (section 11).\n\n- The Commonwealth funds the increases: the Department pays the Defence Forces Retirement Benefits Fund the extra amounts and the Consolidated Revenue Fund is appropriated to meet them (section 12). Increased payments take effect from the first fortnightly pension payment after the Act commences (section 13).\n\n**Who is affected**\n\n- Direct beneficiaries: people who, immediately before the Act began, were already receiving pensions under the Defence Forces Retirement Benefits scheme (the Act calls them “prescribed pensioners”) — including some widows whose pension depends on such a pensioner (sections 3 and 6).\n\n- Not affected: pensions payable in respect of a child (section 10), and people who are simultaneously entitled to a Superannuation Act pension while the Superannuation pension is payable (section 11).\n\n- Administrative actors: the agency that administers the Defence Forces Retirement Benefits Act must apply the new rates, calculate deductions and additional pension amounts using the Schedules, and credit the Defence Forces Retirement Benefits Fund (sections 4, 5, Schedules, 12).\n\n**Why it matters (policy mechanics and fiscal footprint)**\n\n- The Act is a targeted increase in the cash amounts paid to an identifiable group of existing defence pensioners. The benefit is concentrated: it goes to persons already on the scheme rather than expanding eligibility to new classes of people (see the definition of “prescribed pensioner” in section 3).\n\n- The cost is borne by the Commonwealth (taxpayers) because the Consolidated Revenue Fund is appropriated to meet the additional payments (section 12). That creates an ongoing fiscal liability to pay higher fortnightly pension amounts (section 13).\n\n- Implementation requires administrative work: the pension authority must re‑calculate existing pensions using the replacement rates and tables in the First Schedule, apply the deduction bands in the Second Schedule where relevant and compute any extra yearly service pensions per the Third Schedule. Those tables are detailed and rank/service‑specific, so applying them correctly requires accurate historical rank, service and unit records (sections 4–5 and Schedules).\n\n**Costs, incentives, trade‑offs and risks (practical test against implementation and market effects)**\n\n- Who pays: taxpayers through the Commonwealth budget (section 12). Who decides the amounts: the Act prescribes the amounts; the administering authority decides the mechanics of application and payment under the Defence Forces Retirement Benefits Act (sections 4–5, Schedules).\n\n- Fiscal trade‑off: concentrated increases to pensioners create a recurring expenditure stream. The legislation does not create new market regulation or affect private firms’ contracts or competition; its economic effect is transfer‑type (public → pensioners).\n\n- Incentives and behavioural effects: the Act changes only pension amounts for existing recipients. It does not change eligibility rules, contribution requirements, or future accrual rules; it therefore creates little direct effect on private‑sector behaviour or competition. It may slightly affect individual pensioners’ private choices (income changes), but the Act contains no provisions changing employment rules or benefits accrual going forward (see sections 3–5, 7–9).\n\n- Administrative and legal complexity is the main implementation risk: the Act cross‑references many provisions of the Defence Forces Retirement Benefits Act 1948‑1958, and contains multiple tables that depend on rank, length of service and whether a pension was commuted or in units. That raises the chance of calculation errors or disputes about which table/column applies to a particular historic retirement fact (sections 3–5 and the Schedules).\n\n- Interaction risks: the Act expressly prevents double payment where a Superannuation Act pension is also payable (section 11), and sets out proportional treatment for commuted pensions (section 7) and widows’ pensions (section 6). Those interaction rules reduce the risk of over‑payment but add layers of computation.\n\n**Key sections to read for practitioners**\n\n- Definitions and scope: section 3 (who is a “prescribed pensioner”).\n- Main rate changes and deemed amendments to the 1948 Act: section 4 (non‑unit pensions); section 5 (unit pensions).\n- Widows, commuted and suspended pensions: sections 6–8.\n- Funding and timing: sections 12–13.\n\n(References to sections above are to provisions of the Defence Forces Retirement Benefits (Pension Increases) Act 1961 as quoted.)"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1672},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of increasing defence pensions. It is a specific, targeted amendment to the Defence Forces Retirement Benefits scheme without significant scope creep."},"complexity_factors":["Heavy cross-referencing to the Defence Forces Retirement Benefits Act 1948 (the Act assumes detailed knowledge of that scheme's structure)","5 defined terms in interpretation section, with technical concepts like 'actual unit contribution', 'adjusted unit entitlement', and 'prescribed rate' requiring understanding of the underlying pension scheme","Extensive tabular data in 3 Schedules specifying exact monetary amounts (in pre-decimal currency: £/s/d) for 40+ different ranks and categories","Multiple conditional pathways: Section 4 applies only if Section 5 doesn't; different calculation methods for officers vs other ranks vs widows vs unit-based pensions","Nested exceptions and adjustments: commutation adjustments (s.7), re-employment provisions (s.9), suspension rules (s.8), and exclusion of Superannuation Act recipients (s.11)","Historical context dependency: refers to specific repealed/ amended versions of the 1948 Act and pensions commencing before certain dates"],"plain_english_summary":"This Act gives **pension increases (pay rises) to retired Australian defence personnel** and their widows who were receiving pensions under the Defence Forces Retirement Benefits Act 1948.\n\n**Who gets the increase?**\nThe Act applies to \"prescribed pensioners\" — mainly former permanent force members (Navy, Army, Air Force) who retired and were receiving a pension immediately before this Act started. It covers:\n* **Officers** and **other ranks** (seamen, soldiers, airmen)\n* **Widows** of deceased pensioners\n* People who had **commuted** part of their pension (taken a lump sum payment instead of ongoing payments)\n\n**How are increases calculated?**\nThe Act uses a complex system based on rank and service:\n* **For most pensioners:** New higher pension rates are set out in tables (First Schedule) based on your final rank and years of service. For example, a Vice-Admiral gets £1,508 per year, while an Ordinary Seaman gets £177.\n* **For those with \"units\":** Some pensioners had purchased extra pension \"units\" under the old scheme. If their calculated entitlement to units increases under the new tables, they get extra pension at a set rate per additional unit (£32/10/- or £16/5/- per unit depending on circumstances).\n* **For widows:** They receive five-eighths (62.5%) of the increase their husband would have been entitled to.\n* **For those who commuted:** If you traded part of your pension for a lump sum, your increase is reduced proportionally.\n\n**Important limitations**\n* **No double dipping:** If you're already getting a pension under the Commonwealth Superannuation Act 1922, you don't get this increase.\n* **No children's pensions:** Increases don't apply to pensions paid specifically for children.\n* **Suspended pensions:** If your pension was suspended (stopped) and later restarts, you get the increase from when it restarts.\n\n**Who pays?**\nThe Commonwealth government pays the extra amounts into the Defence Forces Retirement Benefits Fund, and the increases take effect from the first fortnightly payment after the Act commences."}},"importantCases":[],"_links":{"self":"/api/acts/defence-forces-retirement-benefits-pension-increases-act-1961","history":"/api/acts/defence-forces-retirement-benefits-pension-increases-act-1961/history","analysis":"/api/acts/defence-forces-retirement-benefits-pension-increases-act-1961/analysis","conflicts":"/api/acts/defence-forces-retirement-benefits-pension-increases-act-1961/conflicts","importantCases":"/api/acts/defence-forces-retirement-benefits-pension-increases-act-1961/important-cases","documents":"/api/acts/defence-forces-retirement-benefits-pension-increases-act-1961/documents"}}