21Amount of increase in certain pension benefits to which section 20 does not apply

21 Amount of increase in certain pension benefits to which section 20 does not apply

(1) Where: (a) immediately before 1 July 1975, a pension benefit (not being a pension benefit that became payable after 15 June 1975) was payable to a person in respect of: (i) the retirement, on or after 1 July 1974, of a member of the scheme; or (ii) the death, on or after 1 July 1974, of a member of the scheme who was a contributing member on 30 June 1974; or (b) immediately before 1 July 1975, a pension benefit was payable to a person in accordance with section 78 of the Defence Force Retirement and Death Benefits Act (not being a pension benefit that became payable after 15 June 1975) and: (i) if the pension benefit became payable to the person otherwise than as a widow or as an eligible child—it became payable on or after 1 July 1974; (ii) if the pension benefit became payable to the person as a widow:

(A) if a pension benefit in accordance with that section was not payable to the person’s husband immediately before his death—the pension became payable on or after 1 July 1974; or

(B) if a pension benefit in accordance with that section was payable to the person’s husband immediately before his death—the husband’s pension became payable on or after 1 July 1974; or

(iii) if the pension benefit became payable to the person as an eligible child:

(A) if a pension benefit in accordance with that section was not payable to the member of the scheme in relation to whom that person is a child—the pension benefit became payable on or after 1 July 1974; or

(B) if a pension benefit in accordance with that section was payable to a member of the scheme in relation to whom that person is a child—the member’s pension benefit became payable on or after 1 July 1974;

this section applies to the person. (2) For the purposes of the application of subparagraph (1)(b)(ii) to a person who is a widow for the purposes of the Defence Force Retirement and Death Benefits Act by reason of her having been a dependent female, the member of the scheme with whom she had, immediately before his death, lived as his wife shall be deemed to have been her husband. (3) Subject to the succeeding provisions of this section, the increase provided for by section 20 in the annual amount of the pension benefit payable to a person immediately before 1 July 1975 is, in the case of a person to whom this section applies, an amount that bears to an amount determined in accordance with subsection (4) the same proportion as the number of months in the period that commenced on the day after the day on which the relevant retirement or death referred to in paragraph (1)(a) took place, or the period that commenced on the day on which the pension benefit referred to in subparagraph (1)(b)(i), clause (1)(b)(ii)(A), clause (1)(b)(ii)(B), clause (1)(b)(iii)(A) or clause (1)(b)(iii)(B), as the case may be, became payable and ended on 30 June 1975 bears to 12. (4) The amount to be determined in accordance with this subsection in relation to the pension benefit payable to a person to whom this section applies is the prescribed percentage of an amount equal to the annual amount of the pension benefit immediately before 1 July 1975, or, if the pension benefit is a child’s pension, so much of the annual amount of that benefit so payable as is referred to as additional pension in whichever of subsections 42(2), 42(3), 43(2) and 43(3) of the Defence Force Retirement and Death Benefits Act is applicable. (5) If the period referred to in subsection (3) is less than 1 month, that period shall be treated as 1 month. (6) If the period referred to in subsection (3) consists of a number of whole months and a part of a month: (a) where the number of days in that part of a month is less than one‑half of the number of days in that month—that part of a month shall be disregarded; and (b) where the number of days in that part of a month is not less than one‑half of the number of days in that month—that part of a month shall be treated as a whole month.