Document ID: chunk:federal_register_of_legislation:C2004C00462:section:9:p1
Version: federal_register_of_legislation:C2004C00462
Segment Type: section
Provision Reference: s 9 (pt 1/3)
Character Range: 8590–11232

9  Persons discharged with not less than fifteen years', but less than twenty years', service for pension

 (1) This section applies to a person to whom this Act applies who:
 (a) on retirement, has completed not less than fifteen years' service for pension but has not completed twenty years' service for pension; and
 (b) would, if he had continued to serve until he had attained the age of fifty‑five years, have completed not less than twenty years' service for pension.

 (2) In this section:

reduced benefit contributor means a person to whom this section applies:
 (a) who has made an election under section forty‑four of the Defence Forces Retirement Benefits Act 1959; or
 (b) who, immediately before the fourteenth day of December, One thousand nine hundred and fifty‑nine, was a member to whom section seventy‑seven or seventy‑eight of the Defence Forces Retirement Benefits Act 1948‑1958 applied, being a member contributing for a number of units of pension less than the number for which he would have been contributing if that section had not applied to him.

the maximum additional pension contribution, in relation to a person to whom this section applies, means such amount as is determined by the Board on the advice of the Commonwealth Actuary as being the contribution that the person should pay to the Fund in respect of the difference between the maximum pension rate applicable to him and the minimum pension rate applicable to him.

the maximum pension rate in relation to a person to whom this section applies, means:
 (a) if the person is not a reduced benefit contributor—such rate set out in the First Schedule to this Act as is applicable to him having regard to his category and the number of years of service for pension completed by him on retirement; or
 (b) if the person is a reduced benefit contributor—such rate as is determined by the Board on the advice of the Commonwealth Actuary as being the maximum rate of pension applicable to him for the purposes of this section.

the minimum pension rate, in relation to a person to whom this section applies, means such rate as is determined by the Board on the advice of the Commonwealth Actuary as being the minimum rate of pension applicable to him for the purposes of this section.

the prescribed day, in relation to a person to whom this section applies, means the day occurring one month after service by the Board on the person of the statement referred to in subsection (6) of this section.

 (3) The Commonwealth Actuary shall, in advising the Board in relation to a person for the purposes of the last preceding subsection, have regard:
 (a) to the