Document ID: chunk:federal_register_of_legislation:C2004A00163:section:18:p2
Version: federal_register_of_legislation:C2004A00163
Segment Type: section
Provision Reference: s 18 (pt 2/2)
Character Range: 19126–20944

annual amount of the pension benefit payable to a person immediately before 1 July 1974 is, in the case of a person to whom this section applies, an amount that bears to an amount determined in accordance with subsection (4) the same proportion as the number of months in the period that commenced on the day after the day on which the relevant retirement or death referred to in paragraph (1)(a) took place, or the period that commenced on the day on which the pension benefit referred to in subparagraph (1)(b)(i), clause (1)(b)(ii)(A) , clause (1)(b)(ii)(B), clause (1)(b)(iii)(A) or clause (1)(b)(iii)(B), as the case may be, became payable and ended on 30 June 1974 bears to 12.

 (4) The amount to be determined in accordance with this subsection in relation to the pension benefit payable to a person to whom this section applies is the prescribed percentage of 71.43 per centum of an amount equal to the annual amount of the pension benefit immediately before 1 July 1974 or, if the pension benefit is a child's pension, so much of the annual amount of that benefit so payable as is referred to as additional pension in whichever of subsections 42(2), 42(3), 43(2) or 43(3) of the Defence Force Retirement and Death Benefits Act 1973‑1974 as is applicable.

 (5) If the period referred to in subsection (3) is less than 1 month, that period shall be treated as 1 month.

 (6) If the period referred to in subsection (3) consists of a number of whole months and a part of a month:
 (a) where the number of days in that part of a month is less than one‑half of the number of days in that month—that part of a month shall be disregarded; and
 (b) where the number of days in that part of a month is not less than one‑half of the number of days in that month—that part of a month shall be treated as a whole month.