In this Division, unless the contrary intention appears—
“incapacity” means mental or physical incapacity in relation to civil employment;
“period of engagement for service”, in relation to a member, means the period for which he was appointed, enlisted or re-engaged or in respect of an appointment includes any period for which that appointment was extended;
“short service commission”, in relation to an officer, means a period of engagement for service—
(a) in the case of a medical officer—of one year, two years or four years;
(b) in the case of a dental officer—of two years or four years;
(c) in the case of a chaplain—of four years;
(d) in the case of a female officer—of two years or four years; and
(e) in the case of any other officer—of five years.
Gratuity—Medical officers.
62.—(1.) Subject to the succeeding provisions of this regulation, a gratuity is payable on the termination of service of a medical officer serving under a short service commission.
(2.) The rate of gratuity is—
(a) Two hundred and fifty dollars per annum in respect of service prior to the fourteenth day of December, 1959; and
(b) Four hundred dollars per annum in respect of service on and after that date.
(3.) The gratuity on completion of a period of engagement for service is payable in respect of each completed period of one year’s service.
(4.) The gratuity on the termination of service, other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more or, in the case of a married member, by reason of his death, is—
(a) where the period of engagement for service is for one year, or for one year with a right to serve for a further period of one or more years—the amount he would receive in accordance with this regulation, had he completed the year of service current at the date of termination of service;
(b) where the period of engagement for service is for two years, or for two years with a right to serve for a further period of two years—
(i) if the service is terminated at any time before the completion of two years’ service—the amount he would receive in accordance with this regulation had he completed the period of two years’ service current at the date of termination of service; or
(ii) if the service is terminated at any time after the completion of two years’ service—the amount he would receive in accordance with this regulation had the period of engagement for service been for four years and he had completed that engagement for service; or
Division Div 8 - Military Financial Regulations - Gratuities. | Zoe
(c) where the period of engagement for service is for four years with a right to resign at any time after two years’ service—
(i) if the service is terminated at any time before the completion of two years’ service—the amount he would receive in accordance with this regulation had the period of engagement for service been for two years and he had completed that engagement for service; or
(ii) if the service is terminated at any time after completion of two years’ service—the amount payable to him in accordance with this regulation for a period of engagement for service for two years and an additional amount of Thirty-three dollars and thirty-three cents for each completed month of service served after completion of two years’ service.
(5.) The gratuity on termination of service, other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is—an amount calculated at one-twelfth of the amounts specified in sub-regulation (2.) of this regulation, as applicable, for each completed month of service.
(6.) The gratuity on the termination of service, other than on completion of a period of engagement for service, where the service is terminated in circumstances other than those specified in the last two preceding sub-regulations, is an amount calculated at one-twelfth of the amounts specified in sub-regulation (2.) of this regulation, as applicable, for each completed month of service, if—
(a) the officer has completed at least two years’ service; and
(b) the Military Board approves the payment of the gratuity.
(7.) A gratuity under this regulation shall not be payable in respect of any service after completion of a period of eight years’ continuous service.
Gratuity—Dental officers.
63.—(1.) A gratuity is payable on the termination of service of a dental officer serving under a short service commission in accordance with this regulation.
(2.) The gratuity on completion of a period of engagement for service is Two hundred and fifty dollars for each completed period of one year’s service.
(3.) The gratuity on the termination of service other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity exceeding sixty per centum, or in the case of a married member, by reason of his death, is—
(a) where the period of engagement for service is two years—Five hundred dollars, and if the engagement gave the right to serve for a further period of two years, an additional Five hundred dollars for any period of service served after the completion of two years’ service; or
(b) where the period of engagement for service is four years with a right to resign after two years’ service—Five hundred dollars plus an additional Twenty dollars and eighty-three cents for each month of service served after the completion of two years’ service.
(4.) The gratuity on the termination of service other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is Twenty dollars and eighty-three cents for each completed month of service.
(5.) The gratuity on the termination of service, other than on completion of a period of engagement for service, where the service is terminated in circumstances other than those specified in the last two preceding sub-regulations is Twenty dollars and eighty-three cents for each completed month of service, if—
(a) the officer has completed two years’ service; and
(b) the Military Board approves the payment of the gratuity.
(6.) A gratuity under this regulation shall not exceed Two thousand dollars.
Gratuity—Other officers.
64.—(1.) A gratuity is payable on the termination of service of a male officer other than a medical officer or a dental officer serving under a short service commission in accordance with this regulation.
(2.) The gratuity on completion of a period of engagement for service is—
(a) where the officer does not agree to serve in the Reserve of Officers if so requested—Sixty dollars for each completed period of one year’s service; and
(b) in any other case—One hundred dollars for each completed period of one year’s service.
(3.) The gratuity on the termination of service other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more, or in the case of a married member, by reason of his death, is One hundred dollars for each completed period of one year’s service, or Four hundred dollars, whichever is the greater.
(4.) The gratuity on the termination of service, other than on the completion of a period of engagement for service, where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is One hundred dollars for each completed period of one year’s service.
(5.) The gratuity on the termination of service, other than on the completion of a period of engagement for service, where the service is terminated in circumstances other than those specified in the last two preceding sub-regulations is—
(a) in the case of an officer appointed or re-appointed prior to the second day of August, 1955—
(i) where the officer does not agree to serve in the Reserve of Officers if so requested—Five dollars for each month of service; and
(ii) in any case—Eight dollars and thirty-three cents for each month of service; and
(b) in respect of an officer appointed or re-appointed on or after the second day of August, 1955—
(i) where the officer does not agree to serve in the Reserve of Officers if so requested—Sixty dollars for each completed period of one year’s service; and
(ii) in any other case—One hundred dollars for each completed period of one year’s service.
(6.) A gratuity under the preceding sub-regulation is not payable—
(a) unless the officer has completed two years’ service; and
(b) unless the Military Board approves the payment of the gratuity.
Gratuity—Female officers.
65.—(1.) A gratuity is payable on the termination of service of an officer of the Royal Australian Army Nursing Corps or the Women’s Royal Australian Army Corps serving under a short service commission in accordance with this regulation.
(2.) The rate of gratuity is—
(a) Eight cents per day in respect of service prior to the fourteenth day of December, 1959, where the officer was not a contributor under the Defence Forces Retirement Benefits Act 1948 or of that Act as amended from time to time; and
(b) Fifty dollars per annum in respect of service on and after that date.
(3.) The gratuity on completion of a period of engagement for service is payable in respect of each completed period of one year’s service of the officer.
(4.) The gratuity on the termination of service other than on completion of a period of engagement for service is—
(a) where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more—an amount calculated in accordance with sub-regulation (2.) of this regulation that the officer would receive had she completed her period of engagement for service or attained the retiring age of her rank, whichever would first occur.
(b) where the service is terminated—
(i) on the grounds of invalidity with an incapacity of less than sixty per centum; or
(ii) by reason of retrenchment in the Australian Military Forces,
an amount calculated in accordance with sub-regulation (2.) of this regulation for each completed period of one year’s service.
(c) where the service is terminated at the request of the officer and with the approval of the Military Board after completion of a period of at least two years’ service—an amount calculated in accordance with sub-regulation (2.) of this regulation for each completed period of one year’s service.
(5.) The gratuity payable to an officer who was serving on the fourteenth day of December, 1959, and who has become a contributor under the Defence Forces Retirement Benefits Act 1948-1959 or under that Act as subsequently amended and
(b) has elected or elects to purchase former service as service for pension but on termination of her service is not entitled to a pension or other benefit (other than a refund of contribution) under the Defence Forces Retirement Benefits Act 1948-1965,
is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period of her service prior to becoming a contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as the case may be.
Gratuity—Soldiers—A.R.A.
66.—(1.) A gratuity is payable, in accordance with this regulation, on the termination of service of a male soldier who enlisted in the Australian Regular Army on or after the first day of July, 1947, and before
the second day of July, 1948, and elected not to become a contributor under the Defence Forces Retirement Benefits Act 1948 or of that Act as amended from time to time.
(2.) Subject to this regulation, the gratuity is—
(a) where the member has completed twelve years’ service—
(i) if the member does not agree to serve in the Regular Army Reserve if so requested—Three hundred and twenty dollars; or
(ii) in any other case—Seven hundred and twenty dollars;
(b) where the member completes one or more further engagements following completion of twelve years’ service—the gratuity payable under the last preceding paragraph and in addition, gratuity at the rate of Sixty dollars per annum in respect of service prior to the fourteenth day of December, 1959, and at the rate of One hundred dollars per annum in respect of service on and after that date.
(3.) The gratuity where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more, or in the case of a married member, by reason of his death, is an amount calculated in accordance with the last preceding sub-regulation that the member would receive had he completed his period of engagement for service or attained the retiring age of his rank, whichever would first occur.
(4.) The gratuity where the service is terminated—
(a) on the grounds of invalidity with an incapacity of less than sixty per centum; or
(b) on attaining the retiring age of his rank,
is an amount calculated in accordance with sub-regulation (2.) of this regulation for each completed period of one year’s service.
(5.) The gratuity where the service is terminated—
(a) for the purpose of appointing a member to a permanent commission in the Australian Regular Army; or
(b) by reason of retrenchment in the Australian Military Forces, is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period up to the date of termination of service.
(6.) The gratuity where the service is terminated—
(a) for disciplinary reasons;
(b) at the request of the member; or
(c) in the case of a married member, on the member’s death, or incapacity, where the death or incapacity occurred during a period of absence without leave of more than twenty-one days,
is an amount that would have been payable to him under sub-regulation (2.) of this regulation if he had been discharged on completion of the engagement for service which terminated immediately prior to the commencement of his current engagement for service.
Gratuity—Regular Army Supplement.
67.—(1.) A gratuity is payable to a soldier of the Regular Army Supplement, not being a soldier who is a national serviceman, in accordance with this regulation.
(2.) The rate of gratuity is Forty dollars per annum for the first twelve years’ service, and One hundred dollars per annum following completion of the first twelve years’ service.
(3.) The gratuity on completion of a period of engagement for service is payable in respect of each completed period of one year’s service.
(4.) The gratuity where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more, or in the case of a married member, by reason of his death, is—
(a) where the member has not completed twelve years’ service—Forty dollars; or
(b) where the member is serving under an engagement for service following completion of a period of twelve years’ service—the sum of Four hundred and eighty dollars, and, in addition, One hundred dollars,
for each completed period of one year’s service he would receive had he completed his period of engagement for service or attained the retiring age for his rank, whichever would first occur.
(5.) The gratuity where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum is Forty dollars for each completed period of one year’s service for the first twelve years’ service and One hundred dollars for each completed period of one year’s service in excess of a period of twelve years’ service.
(6.) The gratuity where the service is terminated—
(a) in order that the member may be appointed to a permanent commission in the Australian Regular Army; or
(b) by reason of retrenchment in the Australian Military Forces,
is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the member’s service to the termination of his service.
(7.) The gratuity where the service is terminated—
(a) for disciplinary reasons;
(b) at the member’s own request; or
(c) in the case of a married member, on the member’s death, or incapacity, where the death or incapacity occurred during a period of absence without leave of more than twenty-one days,
is that which would have been payable under this regulation to the member had he been discharged on completion of the engagement for service which terminated immediately prior to the commencement of his current engagement for service.
(8.) The gratuity payable to a member who has become a contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as a member, not being an officer, and—
(b) has elected or elects to purchase former service as service for pension but on termination of his service is not entitled to a pension or other benefit (other than a refund of contributions) under the Defence Forces Retirement Benefits Act 1948-1965,
is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period of his service prior to becoming a
contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as the case may be.
(9.) A gratuity under this regulation is payable to a member—
(a) on termination of his service; or
(b) if desired by him, on completion of each period of engagement for service.
Gratuity—Female members other than officers.
68.—(1.) A gratuity is payable on the termination of service of a member, other than an officer, of the Royal Australian Army Nursing Corps and the Women’s Royal Australian Army Corps in accordance with this regulation.
(2.) The gratuity on completion of a period of engagement for service is Thirty dollars for each completed period of one year’s service for the first twelve years’ service and Fifty dollars for each completed period of one year’s service in excess of a period of twelve years’ service.
(3.) The gratuity on the termination (other than for disciplinary reasons or at the request of the member) of service other than on completion of a period of engagement for service is—
(a) where the service is terminated on the grounds of invalidity with an incapacity of sixty per centum or more—an amount calculated in accordance with the last preceding sub-regulation that the member would receive had she completed her period of engagement for service or attained the retiring age of her rank, whichever first occurred;
(b) where the service is terminated on the grounds of invalidity with an incapacity of less than sixty per centum—an amount calculated in accordance with the last preceding sub-regulation for each completed period of one year’s service; or
(c) where the service is terminated—
(i) for the purpose of appointing the member to a permanent commission; or
(ii) by reason of retrenchment in the Australian Military Forces,
an amount calculated in accordance with the last preceding sub-regulation in respect of the member’s service to the termination of her service.
(4.) The gratuity on the termination of service for disciplinary reasons or at the request of the member is an amount calculated in accordance with sub-regulation (2.) of this regulation that would have been payable to the member had she been discharged on completion of the engagement for service which terminated immediately prior to the commencement of her current engagement for service.
(5.) The gratuity payable to a member who was serving on the fourteenth day of December, 1959 and who has become a contributor under the Defene Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, and—
(b) has elected or elects to purchase former service as service for pension but on termination of her service is not entitled to a pension or other benefit (other than a refund of contributions) under the Defence Forces Retirement Benefits Act 1948-1965,
is an amount calculated in accordance with sub-regulation (2.) of this regulation in respect of the period of her service prior to becoming a contributor under the Defence Forces Retirement Benefits Act 1948-1959, or under that Act as subsequently amended, as the case may be.
Gratuity payable to certain officers serving under short service commissions.
69.—(1.) Where a soldier who is not a contributor under the Defence Forces Retirement Benefits Act 1948-1965—
(a) is appointed to a short service commission;
(b) completes a period of not less than six years’ continuous service as a soldier and as an officer; and
(c) on termination of his short service commission is not entitled to a pension or other benefit (other than a refund of contributions) under the Defence Forces Retirement Benefits Act 1948-1965;
a gratuity is payable to him on termination of his service in accordance with this regulation.
(2.) The gratuity on termination of service where the period of engagement for service under the short service commission is completed is an amount equivalent to the sum that would be paid to him under this Division in respect of his service under a short service commission, and in respect of his service as a soldier as if he had been appointed to a permanent commission.
(3.) The gratuity on termination of service where the period of engagement for service under the short service commission is not completed is—
(a) the amount that would be paid to him under this Division if he had remained as a soldier for the full period of his service and his service had been terminated at his own request; or
(b) the amount payable to him in respect of his service under the short service commission,
Gratuity not payable in certain cases.
A gratuity under the last eight preceding regulations is not payable—
(a) in respect of a period of service of a member which is service for pension under the Defence Forces Retirement Benefits Act 1948-1965 and in respect of which a pension or other benefit other than a refund of contributions is payable under that Act;
(b) in respect of a period of service of an officer serving under a short service commission who is appointed to a permanent commission or to a further short service commission and on termination of the short service commission elects under section 56 of the Defence Forces Retirement Benefits Act 1948-1965 not to be paid the gratuity;
(c) in respect of a period of service of a member where, on completion of a period of engagement for service, he is appointed to the Commonwealth Public Service and elects under section 74b of the Defence Forces Retirement Benefits Act 1948-1965 to transfer to the Commonwealth Superannuation Fund his contributions to the Defence Forces Retirement Benefits Fund;
(d) in respect of a period of service of a medical officer serving under a short service commission while undertaking a refresher course of training in accordance with regulation 172 of these Regulations prior to termination of his appointment;
(e) in respect of service as an officer in the Regular Army Special Reserve or Regular Army Supplement other than service as a national service officer;
(f) in respect of a period of engagement for service which has been terminated for disciplinary reasons;
(g) in respect of service which has been terminated on the grounds of invalidity or by the death of the member, if the invalidity or death was due to the member’s own default during his service or the invalidity or death resulted from a disability which was present at the commencement of his service and was not aggravated by his service;
(h) in respect of service of more than twenty-one consecutive days for which a member is not credited with pay; and
(i) in respect of a period of engagement for service of a member, not being a married member, who dies while serving.
Person to whom gratuity payable on death of married member.
71.—(1.) Subject to the next succeeding sub-regulation, a gratuity payable under regulations 62, 63, 64, 66, 67 or 69 of these Regulations on the death of a married member is payable to the dependant in respect of whom the member was eligible for the full rate of marriage allowance.
(2.) Where there is more than one dependant, the Military Board may authorize payment to, and may apportion the payment of the gratuity among, the dependants of the member.
Gratuities for gallantry.
72.—(1.) A soldier who has been awarded the Victoria Cross shall be paid as from the date of the act of bravery leading to the award an annuity of Twenty dollars per year and an additional Ten dollars for each bar added to the award.
(2.) Where a member in receipt of an annuity under the last preceding sub-regulation dies before he has received a total of One hundred dollars, an amount equal to the difference between the amount received by him and the sum of One hundred dollars shall be credited to his estate.
(3.) Where the Victoria Cross has been awarded posthumously to a soldier, an amount of One hundred dollars shall be credited to his estate.
(4.) A soldier who has been awarded the Military Cross, the Distinguished Conduct Medal, the Conspicuous Gallantry Medal, the Distinguished Service Medal, the Military Medal or the Distinguished Flying Medal shall be paid a gratuity of Forty dollars and an additional Forty dollars for each bar added to the award.
(5.) Payment under the last preceding sub-regulation shall be made to a member—
(a) on termination of his service; or
(b) on his appointment to commissioned rank.
(6.) Where a member entitled to a gratuity under the last preceding sub-regulation dies before the gratuity has been paid to him, it shall be credited to his estate.
(7.) Credits to a member’s estate under this regulation shall be made without deduction of any military debt.
Gratuity—Long Service and Good Conduct.
73.—(1.) A member holding the substantive rank of Warrant Officer, Class 2 or a lower substantive rank who has been awarded the Australian Long Service and Good Conduct Medal shall be paid a gratuity of Ten dollars—
(a) on promotion to the substantive rank of Warant Officer, Class 1;
(b) on appointment to commissioned rank; or
(c) on honorable termination of his service.
(2.) Where a member entitled to a gratuity under this regulation dies before the gratuity has been paid to him, it shall be credited to his estate without deduction of any military debt.
Forfeiture of gratuity.
74.—(1.) Where a member forfeits an award he shall also forfeit any annuity or gratuity payable to and not received by him in respect of the award under the last two preceding regulations.
(2.) Where the award having been forfeited is subsequently restored, any annuity or gratuity in respect of the award shall be payable as from the date of the restoration.