10 Persons discharged with not less than twenty years’ service for pension
(1) This section applies to a person to whom this Act applies who, on retirement, has completed not less than twenty years’ service for pension.
(2) In this section:
person contributing on retirement for additional benefits means a person to whom this section applies who had, before his retirement, become liable to make to the Fund:
(a) additional contributions as defined by subsection (5) of section fifty‑one of the Defence Forces Retirement Benefits Act 1959; or
(b) contributions to which subsection (4) of that section applies;
and had not,before his retirement, ceased to be liable to make those contributions.
person not contributing on retirement for additional benefits means a person to whom this section applies other than a person contributing on retirement for additional benefits.
the maximum additional pension contribution means:
(a) in relation to a person not contributing on retirement for additional benefits, such amount as is determined by the Board on the advice of the Commonwealth Actuary as being the amount of the additional contribution that the person should pay to the Fund in respect of the difference between the maximum pension rate applicable to him and the minimum pension rate applicable to him; and
(b) in relation to a person contributing on retirement for additional benefits, the sum of:
(i) the normal additional pension contribution applicable to him; and
(ii) such amount as is determined by the Board on the advice of the Commonwealth Actuary as being the amount of additional contribution that the person should pay to the Fund in respect of the difference between the maximum pension rate applicable to him and the normal pension rate applicable to him.
the maximum pension rate, in relation to a person to whom this section applies, means the rate at which pension would have been payable to him under section forty‑one of the Defence Forces Retirement Benefits Act 1948‑1959 if he had completed the engagement under which he was serving immediately before his retirement and had retired on the completion of that engagement.
the minimum pension rate means:
(a) in relation to a person not contributing on retirement for additional benefits, the rate at which pension would have been payable to him under the Defence Forces Retirement Benefits Act 1948‑1959 if this Act had not been enacted; and
(b) n relation to a person contributing on retirement for additional benefits, a rate equal to the normal pension rate applicable to him reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary.
the normal additional pension contribution, in relation to a person contributing on retirement for additional benefits, means such amount as is determined by the Board on the advice of the Commonwealth Actuary.
the normal pension rate, in relation to a person contributing on retirement for additional benefits, means the rate at which pension would have been payable to him under the Defence Forces Retirement Benefits Act 1948‑1959 if this Act, and section fifty‑eight of the Defence Forces Retirement Benefits Act 1959, had not been enacted.
the prescribed day, in relation to a person to whom this section applies, means the day occurring one month after service by the Board on the person of the statement referred to in subsection (6) of this section.
(3) The Commonwealth Actuary shall, in advising the Board in relation to a person for the purposes of the last preceding subsection, have regard:
(a) to the contributions (other than a contribution paid to the Fund for the purposes of this section) that the person has paid or is liable to pay to the Fund;
(b) to the number of units of pension for which the person was contributing immediately before the fourteenth day of December, One thousand nine hundred and fifty‑nine;
(c) to any election made by the person under section forty‑seven of the Defence Forces Retirement Benefits Act 1959;
(d) to the rate at which pension would have been payable to the person under the Defence Forces Retirement Benefits Act 1948‑1959 if this Act, and section fifty‑eight of the Defence Forces Retirement Benefits Act 1959, had not been enacted;
(e) to the age of the person on the date of his retirement; and
(f) to such other matters as the Commonwealth Actuary considers should, in accordance with actuarial principles, be taken into account.
(4) A person to whom this section applies is entitled, on retirement, in lieu of a pension under section forty‑three of the Defence Forces Retirement Benefits Act 1948‑1959, to a pension in accordance with this section.
(5) The rate at which pension is payable to a person under this section is:
(a) if, before the prescribed day, the person pays to the Fund, for the purposes of this section, a contribution of an amount that is equal to the maximum additional pension contribution applicable to him—the maximum pension rate applicable to him;
(b) if, before the prescribed day, the person (being a person not contributing on retirement for additional benefits) pays to the Fund, for the purposes of this section, a contribution of an amount that is less than the maximum additional pension contribution applicable to him—a rate equal to the sum of:
(i) the minimum pension rate applicable to him; and
(ii) a rate that bears to the difference between the maximum pension rate applicable to him and the minimum pension rate applicable to him the same proportion as the amount of the contribution so paid by him to the Fund bears to the maximum additional pension contribution applicable to him;
(c) if, before the prescribed day, the person (being a person contributing on retirement for additional benefits) pays to the Fund, for the purposes of this section, a contribution of an amount that is less than the maximum additional pension contribution applicable to him but greater than the normal additional pension contribution applicable to him—a rate equal to the sum of:
(i) the normal pension rate applicable to him; and
(ii) a rate that bears to the difference between the maximum pension rate applicable to him and the normal pension rate applicable to him the same proportion as the difference between the amount of the contribution so paid by him to the Fund and the normal additional pension contribution applicable to him bears to the difference between the maximum additional pension contribution applicable to him and the normal additional pension contribution applicable to him;
(d) if, before the prescribed day, the person (being a person contributing on retirement for additional benefits) pays to the Fund, for the purposes of this section, a contribution of an amount that is equal to the normal additional pension contribution applicable to him—the normal pension rate applicable to him;
(e) if, before the prescribed day, the person (being a person contributing on retirement for additional benefits) pays to the Fund, for the purposes of this section, a contribution of an amount that is less than the normal additional pension contribution applicable to him—a rate equal to the sum of:
(i) the minimum pension rate applicable to him; and
(ii) a rate that bears to the difference between the normal pension rate applicable to him and the minimum pension rate applicable to him the same proportion as the amount of the contribution so paid by him to the Fund bears to the normal additional pension contribution applicable to him; and
(f) if, before the prescribed day, the person does not pay to the Fund a contribution for the purposes of this section—the minimum pension rate applicable to him.
(6) The Board shall, as soon as practicable after the retirement of a person to whom this section applies, serve on him, by post or otherwise, a statement in writing setting out:
(a) the maximum pension rate applicable to him;
(b) the amount of the maximum additional pension contribution applicable to him;
(c) the minimum pension rate applicable to him; and
(d) if he is a person contributing on retirement for additional benefits:
(i) the normal pension rate applicable to him; and
(ii) the amount of the normal additional pension contribution applicable to him.
(7) If:
(a) a person to whom this section applies dies before the prescribed day leaving a widow;
(b) he has not paid a contribution to the Fund for the purposes of this section; and
(c) before the prescribed day or such later day as the Board allows, his personal representatives pay, or his widow pays, an amount to the Fund for the purposes of this section;
the payment shall be deemed to be a contribution paid by the person to the Fund for the purposes of this section before the prescribed day.
Section 10 - Defence Forces Special Retirement Benefits Act 1960 - Persons discharged with not less than twenty years’ service for pension | Zoe