88Retirement age

#### 88 Retirement age (1) If, immediately before the repeal of the Defence (Personnel) Regulations 2002, a member’s compulsory retirement age under those regulations (the existing retirement age) was not: (a) for a member other than a chaplain—the compulsory retirement age specified for the member in Schedule 1 of those regulations; or (b) for a chaplain—the compulsory retirement age specified for the chaplain in subregulation 116(1) of those regulations; then the member’s retirement age for the purpose of section 24 of this instrument is the existing retirement age. (2) A member who, immediately before the repeal of the Defence (Personnel) Regulations 2002, was able to make an election under those regulations in relation to the member’s compulsory retirement age may make the election as if those regulations had not been repealed. If the member does so, the member’s retirement age for the purpose of section 24 of this instrument is in accordance with the election. (3) The Chief of the Defence Force may revoke an extension of a compulsory retirement age that was made under subregulation 11(1) or 12(1) of the Defence (Personnel) Regulations 2002. If the extension is revoked, the retirement age of a member whose compulsory retirement age was extended is to be determined as if the extension had been revoked before the repeal of those regulations.