78Arrangements after declining special benefit (other than senior officer)

#### 78 Arrangements after declining special benefit (other than senior officer) (1) This regulation applies if: (a) an eligible member has been given a notice under subregulation 74(2); and (b) the eligible member does not agree to be transferred to a category of the Reserves in accordance with that subregulation; and (c) the Chief of the eligible member’s Service considers it is necessary to take action in the interests of the organisational effectiveness of the Service. (2) The Chief may, at any time after the end of the subsequent period specified in the notice: (a) transfer the eligible member to the Standby Reserve; or (b) terminate the eligible member’s service in the Defence Force. (3) The eligible member is not entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act. (4) If the eligible member is transferred to the Standby Reserve: (a) the eligible member’s period of service in the Standby Reserve ends at the earliest of the following events: (i) when the eligible member reaches his or her compulsory retirement age for service in the Standby Reserve; (ii) if the eligible member is allowed to resign from the Defence Force—when the resignation is accepted; (iii) if the eligible member’s service in the Defence Force is terminated—when the service is terminated; and (b) for a member who has completed 5 years service in the Standby Reserve—the Chief of the member’s Service must accept an application from the member to resign from the Standby Reserve unless the application: (i) is made in time of war or in time of defence emergency; or (ii) would be granted at a time at which the member has been called out for continuous full‑time service; and (c) the transfer is taken to be a retirement from the Defence Force, with effect from the transfer, for all purposes relating to the payment of benefits; and (d) the transfer is not taken to be a retirement from the Defence Force for any other purpose. (5) The subsequent period must be at least 13 months, starting not earlier than the day on which the notice under subregulation 74(2) is given to the eligible member.