Document ID: chunk:federal_register_of_legislation:C2024C00465:section:32a:p1
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 32A (pt 1/3)
Character Range: 71840–74342

32A  Commutation of Class C invalidity pay
 (1) This section applies to a member of the scheme who:
 (a) is, or is to be, retired after the commencement of this section; and
 (b) on retirement, is, or is likely to be, classified as Class C under section 30 and entitled to invalidity pay.
 (1A) Subsection (1) does not apply to a member of the scheme who, after the commencement of this subsection, became a person to whom section 62 applied.
 (2) A member of the scheme to whom this section applies may, by notice in writing given to CSC, elect to commute a portion of his or her invalidity pay in accordance with this section.
 (2A) A notice under subsection (2) shall be given not earlier than 3 months before becoming entitled to invalidity pay and not later than one year after becoming so entitled or such further period as CSC, in special circumstances, allows.
 (3) An election under subsection (2) by a member of the scheme to whom this section applies shall specify the amount that is to be payable to him by virtue of the commutation.
 (4) The amount specified in an election under subsection (2) by a member of the scheme to whom this section applies shall not be an amount that, together with:
 (a) any amount or amounts specified in any previous election or elections by the member, under this section or section 24 of this Act, to commute a portion or portions of his or her retirement pay or invalidity pay, as the case may be; and
 (b) any amount paid to the member as a result of an application, under section 74 of the previous Act, to commute a portion of any pension payable to him or her under that Act reduced by any amount or amounts required, under subsection 69(1B) or 69(3A) of the previous Act, to be paid by the member to the Defence Forces Retirement Benefits Fund established under the previous Act in respect of that commutation;
exceeds the amount per annum of the invalidity pay to which the member of the scheme was or will be entitled on retirement multiplied by the maximum commutation factor.
Note: This amount is reduced if a release authority lump sum has been paid: see section 49M.
 (4A) For the purposes of subsection (4), the maximum commutation factor is the number calculated in accordance with the formula:

where A is:
 (a) if the number (treating zero as a number) of whole periods of 12 months between 30 June 1982 and the date of retirement of the member of the scheme is less than 20—that number of periods; or
 (b) in any other case—20.
 (5) Where