Document ID: chunk:federal_register_of_legislation:C2004A03873:body:0:p2
Version: federal_register_of_legislation:C2004A03873
Segment Type: other
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to be taken, for the purposes of this section, to be so payable to the person.".

PART 3—AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948

Principal Act
5. In this Part, "Principal Act" means the Defence Forces Retirement Benefits Act 19482.

6. After section 84g of the Principal Act the following section is inserted:

Pensions payable on or after 20 October 1989—variation of rate
"84ga. (1) Where:
    (a) a pension is payable to a person on 20 October 1989; and
    (b) at any time before that day, the rate at which the pension was payable to the person was affected because of the operation of subsection 84e (2) or 84f (3) or section 84g;
the rate at which the pension is payable to the person on or after that day is the rate that would apply if subsection 84e (2) or 84f (3) or section 84g (as the case may be) had not been enacted.
"(2) Where:
    (a) a person to whom a pension was payable died before 20 October 1989; and
    (b) at any time before that day, the rate at which the pension was payable to the person was affected by the operation of subsection 84e (2) or 84f (3) or section 84g; and
    (c) because of that person's death, or because of the death of that person and of a person to whom a pension became payable on the death of the first-mentioned person, a pension is payable to another person;
the rate at which the last-mentioned pension is payable to that other person on or after 20 October 1989 is the rate that would apply if subsection 84e (2) or 84f (3) or section 84g (as the case may be) had not been enacted.
"(3) Where a pension would, but for its suspension under section 53b, be payable to a person on or after 20 October 1989, the pension is to be taken, for the purposes of this section, to be so payable to the person.".

PART 4—AMENDMENT OF THE SUPERANNUATION ACT 1922

Principal Act
7. In this Part, "Principal Act" means the Superannuation Act 19223.

8. After section 127 of the Principal Act the following section is inserted in Part XI:

Pensions payable on or after 20 October 1989—variation of rate
"128. (1) Where:
    (a) a pension is payable to a person on 20 October 1989; and
    (b) at any time before that day, the rate at which the pension was payable to the person was affected because of the operation of section 127;

the rate at which the pension is payable to the person on or after that day is the rate that would apply if section 127 had not been enacted.
"(2)