5Application of increases to commuted pensions etc.

5 Application of increases to commuted pensions etc.

(1) Where an eligible pensioner who has commuted a portion of his pension under section 74 of the Defence Forces Retirement Benefits Act 1948 or has made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963‑1965 is entitled to an increase in the rate of his pension under the preceding provisions of this Act, he is, subject to this Act, in lieu of the increase to which, but for this section, he would have been entitled in accordance with those provisions, entitled to 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 that date if he had not commuted a portion of his pension or had not made that election, as the case may be. (2) The operation of section 69 of the Defence Forces Retirement Benefits Act 1948 shall be disregarded for the purposes of the last preceding subsection.