87Additional contribution by certain pre‑1959 contributors

#### 87 Additional contribution by certain pre‑1959 contributors (1) This section applies to an existing contributor: (a) who is a pre‑1959 contributor; (b) the amount of whose previous contributions is less than 5.5% of the amount of his aggregate pay in respect of his period of previous contributory qualifying service; and (c) who (not being an existing contributor to whom, immediately before 1 October 1972, Part VIB of the previous Act applied) was not, immediately before that date, or who (being an existing contributor to whom, immediately before that date, Part VIB of the previous Act applied) was not, immediately before his retirement prior to his becoming a person to whom that Part applied: (i) a contributor for maximum additional basic pension for the purposes of Part III of the Defence Forces Retirement Benefits Act 1959‑1968; (ii) a contributor for maximum additional basic pension for the purposes of Part IV of the Defence Forces Retirement Benefits Act 1962‑1963; or (iii) a contributor for maximum additional basic pension for the purposes of Part IV of the Defence Forces Retirement Benefits Act 1963‑1968; or who, whether or not he was a contributor of a kind referred to in subparagraph (i), (ii) or (iii), made an election not to increase his contributions under section 61A or 61B of the Defence Forces Retirement Benefits Act 1963‑1968, or of that Act as amended and in force from time to time. (2) In subsection (3), a reference to the period of reduced contributions of a contributor to whom this section applies shall be read as a reference to that part of his period of previous contributory qualifying service as occurred after the time that is the time from which, by reason of his being an existing contributor of the kind referred to in paragraph (1)(c), he commenced to make contributions to the Fund at a rate less than the rate that would otherwise have applied to him. (3) Where an amount equal to 5.5% of the amount of aggregate pay of an existing contributor to whom this section applies in respect of his period of reduced contributions exceeds the amount of his previous contributions made in respect of that period, he shall pay an additional contribution to the Commonwealth under this section of such amount, not exceeding the amount of the excess, as CSC determines as being appropriate in the circumstances.