Document ID: chunk:federal_register_of_legislation:C2004C00460:section:3:p2
Version: federal_register_of_legislation:C2004C00460
Segment Type: section
Provision Reference: s 3 (pt 2/4)
Character Range: 4442–7077

section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be;
 (c) in the case of a pensioner who retired after the commencement of the Defence Forces Retirement Benefits Act 1963 but before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1967:
 (i) the rate at which pension was payable to him immediately before the commencement of the Defence Forces Retirement Benefits (Pension Increases) Act 1967; or
 (ii) if section 69 of the Defence Forces Retirement Benefits Act 1948 applied in relation to him at that time, he had commuted a portion of his pension before that time or (if pension is payable to him under section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date or he had made an election under section 61A or section 61B of the Defence Forces Retirement Benefits Act 1963‑1968—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension, his classification at that time had been the same as his classification on the commencing date or he had not made that election, as the case may be; and
 (d) in any other case—his actual pension entitlement.

deferred pension means a pension payable by virtue of Division 3 of Part VIC of the Defence Forces Retirement Benefits Act 1948‑1971.

eligible pensioner means a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor or by virtue of section 73 of the Defence Forces Retirement Benefits Act 1948, being a pension that commenced to be payable before the thirtieth day of June, One thousand nine hundred and seventy‑one.

notional rate of annual pay, in relation to an eligible pensioner or a pensioner included in a class of eligible pensioners, means such rate of annual pay payable to members on the thirtieth day of June, One thousand nine hundred and seventy‑one, as the Treasurer determines to be the rate