Document ID: chunk:federal_register_of_legislation:C2004C00460:section:3:p3
Version: federal_register_of_legislation:C2004C00460
Segment Type: section
Provision Reference: s 3 (pt 3/4)
Character Range: 6844–9524

pensioner or a pensioner included in a class of eligible pensioners, means such rate of annual pay payable to members on the thirtieth day of June, One thousand nine hundred and seventy‑one, as the Treasurer determines to be the rate that corresponds with the maximum rate of annual pay that was applicable to the pensioner or to that class of pensioners, as the case may be, immediately before the retirement of the pensioner.

pension at current rate, in relation to an eligible pensioner, means:
 (a) except in the case of a pensioner to whom paragraph (b) of this definition applies—the rate at which pension would have been payable to him immediately before the commencing date if the Defence Forces Retirement Benefits Act 1948‑1971 had been in force immediately before his retirement and he were, subject to subsection (3) of this section, entitled to pension in accordance with the provisions of that Act; and
 (b) in the case of a pensioner in relation to whose pension section 45 of the Defence Forces Retirement Benefits Act 1948 applies—such rate of pension as is ascertained by multiplying the rate of Ninety‑one dollars per annum by a number the same as the category number applicable under section 4A of the Defence Forces Retirement Benefits Act 1948‑1971 to a rate of annual pay the same as the notional rate of annual pay of the pensioner.

the commencing date means the date of commencement of this Act.

 (2) In determining the basic pension entitlement of an eligible pensioner for the purposes of this Act, any increase in the rate of his pension that was effected by the operation of section 45 of the Defence Forces Retirement Benefits Act 1948 shall be disregarded.

 (3) In the application of the provisions of the Defence Forces Retirement Benefits Act 1948‑1971 in relation to an eligible pensioner for the purposes of paragraph (a) of the definition of pension at current rate in subsection (1) of this section:
 (a) the category of the member at his retirement shall be deemed to be the category applicable under section 4A of that Act to a rate of annual pay the same as the notional rate of annual pay of the pensioner;
 (b) section 69 of that Act, and any commutation of a portion of his pension by the eligible pensioner, shall be disregarded;
 (c) if the eligible pensioner retired before the commencement of the Defence Forces Retirement Benefits Act 1959, paragraph (b) of subsection (4) of section 39 of the Defence Forces Retirement Benefits Act 1948‑1971 shall be disregarded;
 (d) if the eligible pensioner was an officer immediately before his retirement and retired:
 (i) before the commencement of the Defence Forces Retirement Benefits