Document ID: chunk:federal_register_of_legislation:C2024C00465:section:98k
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 98K
Character Range: 277188–279162

98K  Variation of pension benefits
 (1) Subject to subsection (3) but notwithstanding any other provision of this Act, where a prescribed member:
 (a) retired during the prescribed period; and
 (b) throughout a period that ended immediately before his retirement, held an acting or temporary rank;
the rate of any pension benefit payable, after 13 May 1981, to, or in respect of, that member shall be reduced by the difference between:
 (c) the amount that, but for this section and subsections 24(3) and 32A(4), would be the amount per annum of the benefit; and
 (d) the amount that, but for this section and those subsections, would have been the amount per annum of the benefit if, immediately before the retirement of the member, he had not held that acting or temporary rank.
 (2) Subject to subsection (3) but notwithstanding any other provision of this Act, where a prescribed member:
 (a) died during the prescribed period before retirement; and
 (b) throughout a period that ended immediately before his death, held an acting or temporary rank;
the rate of any widow's pension or child's pension payable, after 13 May 1981, in respect of that member shall be reduced by the difference between:
 (c) the amount that, but for this section, would be the amount per annum of that pension; and
 (d) the amount that, but for this section, would have been the amount per annum of that pension if, immediately before the death of the member, he had not held that acting or temporary rank.
 (3) Subsections (1) and (2) do not apply in relation to:
 (a) a rate of pension benefit that has been calculated by reference to another rate of pension benefit that has been reduced in accordance with either of those subsections; or
 (b) a rate of pension benefit that has been reduced in accordance with either of those subsections and increased in accordance with Part XA.
 (4) In this section, pension benefit includes a deferred benefit applicable under Division 3 of Part IX.