Document ID: chunk:federal_register_of_legislation:C1959A00102:front:0:p16
Version: federal_register_of_legislation:C1959A00102
Segment Type: other
Provision Reference: 
Character Range: 36889–39576

Forces Retirement Benefits Act 1948-1959.
"(2.) Where a member is in receipt of a pension under section thirty-one or thirty-two of this Act at a rate exceeding Three hundred and twelve pounds sixteen shillings and three pence per annum, the pension payable to her in respect of any period during which she is contributing to the Defence Forces Retirement Benefits Fund is, in lieu of the pension that would otherwise have been payable under this Act, a pension at the rate of—
       (a) Three hundred and twelve pounds sixteen shillings and three pence per annum; or
       (b) an amount equal to one-half of the pension that would otherwise have been payable under this Act,
whichever is the greater.
"(3.) In the application of the last preceding sub-section to the pension of a person whose husband elected that section seventeen aa of this Act should not apply to him, the references

to Three hundred and twelve pounds sixteen shillings and three pence shall be read as references to Two hundred and fifty pounds five shillings.
"(4.) Where a member is in receipt of a pension under section thirty-one or thirty-two of this Act, she is, on retirement on pension under the Defence Forces Retirement Benefits Act 1948-1959, entitled to receive, in addition to pension under the latter Act—
       (a) the proportion of the pension under section thirty-one or thirty-two of this Act that is based upon the contributions paid by her husband; and
       (b) the amount (if any) by which the proportion of the pension payable by the Commonwealth under this Act exceeds the proportion of the pension payable by the Commonwealth under the Defence Forces Retirement Benefits Act 1948-1959.
"(5.) In sub-sections (2.) and (4.) of this section, the reference to a pension does not include a reference to a pension payable in respect of a child.
"(6.) Where, by reason of the operation of sub-section (2.) of this section, a payment of pension is reduced, the amount payable by the Commonwealth to the Fund in respect of that payment of pension is the amount that would be payable by the Commonwealth if the reduction had not been made, less the amount by which the payment of pension is so reduced.".

Rights under other Acts and State Acts.
34. Section fifty-one of the Principal Act is amended by inserting after the word "pension" (first occurring) the words "(other than a widow's pension under the Defence Forces Retirement Benefits Act 1948-1959)".

Election to come under Act for difference.
35. Section fifty-two of the Principal Act is amended—
       (a) by adding at the end of paragraph (b) of sub-section (3.) the word "and"; and
       (b) by omitting paragraphs (c) and (d) of