Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p53
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 256215–262249

They have completed at least 2 years' service at their current rank.
    b.                                                                                                                                 They have at least 12 months of service remaining before the day on which their period of service is expected to end.
    c.                                                                                                                                 They are transferred to the Reserves within 30 days of receiving the decision to transfer them to the Reserves.
4.  For the purpose of paragraph 2.b, the day the member's period of service is expected to end is the earlier of the following days.
    a.                                                                                                                                 The day the member reaches retirement age.
    b.                                                                                                                                 The last day of the member's fixed period of service.

2.3.22A Member not eligible for special benefit payment

   A member is not eligible for the special benefit if any of the following apply.
   a.                                                                               The member is subject to any of the following.
                                                                                    i.                                                                                                                            An investigation for unacceptable behaviour.
                                                                                    ii.                                                                                                                           Disciplinary action.
                                                                                    iii.                                                                                                                          A notice to show cause for an administrative sanction.
                                                                                    iv.                                                                                                                           A notice of a positive test result under section 100 of the Act.
   b.                                                                               The member was imposed with an administrative sanction within the previous 12 months.
   c.                                                                               Before the member's transfer date all of the following apply.
                                                                                    i.                                                                                                                            The member is offered an opportunity to serve more than 120 Reserve days within 1 year following their transfer date.
                                                                                    ii.                                                                                                                           The member agrees that they will undertake the Reserve service offered under subparagraph i.
                                                                                    Note: If the member does not complete the more than 120 days of Reserve service, the member is not eligible for the payment.

2.3.23 Amount of special benefit

   The amount of a special benefit is the lesser of the following.
   a.                                                                The amount calculated using the following formula.

                                                                     Where:
                                                                     A                                                   is the member's fortnightly salary.

                                                                                                                         Note: The fortnightly salary amount does not include allowances.
                                                                     B                                                   is the number of completed years of continuous full-time service in the ADF.
                                                                     C                                                   is the number of completed years of prior service that is recognised for long service leave.
                                                                     D                                                   is the number of completed days in any part year of continuous full-time service in the ADF.
                                                                     E                                                   is the number of completed days in any part year of prior service that is recognised for long service leave.
                                                                     F                                                   is the sum of any payment of a special benefit, redundancy payment, or management initiated early retirement benefit, however described made by the Commonwealth or any employer.
   b.                                                                48 weeks salary.

2.3.25 Repayment of special benefit payment

1.  The member must repay any amount paid under this Division if any of the following apply.
    a.                                                                                                                                             They begin a period of continuous full-time service as a member of the Reserves or Permanent Forces within 1 year of receiving the payment.
    b.                                                                                                                                             They perform more than 120 days of Reserve service