Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p46
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 106291–108879

after he attains the age of sixty years but before he attains the age of sixty-five years—
     (a) if the person is not a person to whom such a pension had previously been paid by reason of the Board having been satisfied that he had ceased to engage in employment by reason of invalidity or of physical or mental incapacity to perform the duties of his employment and is a person who had, before the deferred benefit became payable, elected to receive, in lieu of the pension that would otherwise constitute the benefit, a refund of his contributions —the benefit shall consist of such a refund; or
     (b) in any other case—
          (i) subject to the next succeeding sub-paragraph, the amount of the pension, to the extent (if any) to which it is attributable to units of pension the contributions for which were at a rate based upon a maximum age for retirement of sixty-five years and to non-contributory units of pension, shall be reduced by such amount as the Board determines; or
          (ii) he may contribute to the Fund in a lump sum, or in such smaller sums and at such times as the Board approves, such amount as the Board considers necessary to enable payment to him, in respect of so much of the pension as is attributable to units of pension contributions for which were at a rate based upon a maximum age for retirement of sixty-five years and to non-contributory units of pension, of the pension that would have been paid to him if he had attained such later age (not exceeding the age of sixty-five years) as the Board approves.
"(7.) Amounts equal to amounts contributed under sub-paragraph (ii) of paragraph (b) of the last preceding sub-section in respect of so much of a pension as is attributable to non-contributory units of pension are payable to the Commonwealth out of the Fund.

"(8.) Where a deferred benefit becomes applicable in accordance with this Division in respect of a person who has ceased to be a contributor to the Fund and to whom section thirty-five a of this Act applied, and—
     (a) at the time when he ceased to be a contributor to the Fund he had not ceased to be a member as defined by sub-section (1.) of section four of the Defence Forces Retirement Benefits Act 1948–1971; or
     (b) at the time when the deferred benefit becomes applicable, a deferred benefit also becomes applicable in respect of him under that Act,
then, any period during which his liability to make contributions to the Fund was deferred under section thirty-five a of this Act shall be disregarded in determining the amount of the first-mentioned deferred