Document ID: chunk:federal_register_of_legislation:F2022C00514:schedule:1:p10
Version: federal_register_of_legislation:F2022C00514
Segment Type: schedule
Provision Reference: sch 1 (pt 10/13)
Character Range: 225086–227548

or she would be expected to resign his or her naval, military or air force office immediately after ceasing to hold the relevant appointment; and
 (c) the member resigns his or her office accordingly;
then, for the purposes of the Rules, the member is taken not to have resigned but to have retired on completion of a limited tenure appointment.
 4B. Item 4A does not apply to an officer who, on or before the completion by him or her of the period of a relevant appointment to which paragraph 4A(b) applies is offered a further relevant appointment to which that paragraph applies and declines that further appointment.
 4C. In paragraph 4A(c), a reference to a member who resigns his or her office includes a reference to a member who ceases to render continuous full‑time service on being transferred to the Reserves.

Part 4—Retiring age
 5. A reference in the Rules to the retiring age of a member is:
 (a) in the case of a member who is a member of the Permanent Forces—the age for the compulsory retirement of the member ascertained in accordance with, or in accordance with regulations under, the Defence Act 1903, the Naval Defence Act 1910 or the Air Force Act 1923; or
 (b) in the case of a member who is not a member of the Permanent Forces—the age that would be the age for the compulsory retirement of the person if the person were a member of the Permanent Forces.
 6. Where the age for the compulsory retirement of a member is, in accordance with a law referred to in item 5, extended, the member is to be treated for the purposes of the Rules, on his or her subsequent retirement, as if:
 (a) where he or she is subsequently retired on the ground of invalidity—he or she had been retired on that ground; or
 (b) where he or she retires or is retired on any other ground—he or she retired on reaching the age for his or her compulsory retirement.
 7. In item 5:
Permanent Forces does not include the Regular Army Supplement.

Part 5—Spouse who survives a deceased person
 8. In this Part:
deceased person means a person who:
 (a) has died; and
 (b) was, at the time of his or her death, a member, a former member or a person who was a retirement pensioner.
 9. A person is a spouse who survives a deceased person if the person had a marital or couple relationship with the deceased person at the time of the death of the deceased person.
 10. Despite item 9, a person is taken to be a spouse who survives a deceased person if:
 (a) the person had