Document ID: chunk:federal_register_of_legislation:C2004A00163:section:18:p1
Version: federal_register_of_legislation:C2004A00163
Segment Type: section
Provision Reference: s 18 (pt 1/2)
Character Range: 16832–19350

18  Amount of increase in certain pension benefits to which section 17 does not apply

 (1) Where:
 (a) immediately before 1 July 1974, a pension benefit (not being a pension benefit that became payable after 15 June 1974) was payable to a person in respect of:
 (i) the retirement, on or after 1 July 1973, of a member of the scheme; or
 (ii) the death, on or after 1 July 1973, of a member of the scheme who was a contributing member on 30 June 1973; or
 (b) immediately before 1 July 1974, a pension benefit was payable to a person in accordance with section 78 of the Defence Force Retirement and Death Benefits Act 1973‑1974 (not being a pension benefit that became payable after 15 June 1974) and:
 (i) if the pension benefit became payable to the person otherwise than as a widow or as an eligible child—it became payable on or after 1 July 1973;
 (ii) if the pension benefit became payable to the person as a widow:
 (A) if a pension benefit in accordance with that section was not payable to the person's husband immediately before his death—the pension became payable on or after 1 July 1973;
 (B) if a pension benefit in accordance with that section was payable to the person's husband immediately before his death—the husband's pension became payable on or after 1 July 1973; or
 (iii) if the pension benefit became payable to the person as an eligible child:
 (A) if a pension benefit in accordance with that section was not payable to the member of the scheme in relation to whom that person is a child—the pension benefit became payable on or after 1 July 1973; or
 (B) if a pension benefit in accordance with that section was payable to the member of the scheme in relation to whom that person is a child—the member's pension benefit became payable on or after 1 July 1973,
this section applies to the person.

 (2) For the purposes of the application of subparagraph (1)(b)(ii) to a person who is a widow for the purposes of the Defence Force Retirement and Death Benefits Act 1973‑1974 by reason of her having been a dependent female, the member of the scheme with whom she had, immediately before his death, lived as his wife shall be deemed to have been her husband.

 (3) Subject to the succeeding provisions of this section, the increase provided for by section 16 in the 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)