Document ID: chunk:federal_register_of_legislation:C2024C00465:section:33:p2
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 33 (pt 2/3)
Character Range: 80459–83014

the definition of retiring age for the rank held in subsection 4(1) of the previous Act if the reference in that definition to the date of a member's retirement were a reference to 30 September 1972.
service for pension means service for pension as defined by subsection 4(1) of the previous Act.
 (2) This section applies to a person who:
 (a) is an existing contributor;
 (b) is retired and:
 (i) on his retirement, is classified as Class B or Class C under section 30 and is entitled to invalidity pay; or
 (ii) on his retirement, is classified as Class A but is subsequently reclassified as Class B;
 (c) was, on 30 September 1972, and, immediately before his retirement, an officer; and
 (d) on his retirement, had attained the retiring age for the rank held by him on 30 September 1972 and had completed not less than 15 years' service for pension.
 (2A) Where a person to whom this section applies has made an election under section 44 of the Defence Forces Retirement Benefits Act 1959, section 28 of the Defence Forces Retirement Benefits Act 1962 or section 38, 61A or 61B of the Defence Forces Retirement Benefits Act 1963, this section has effect as if the previous pension percentage of pay in relation to the person were a percentage that would have been the previous pension percentage of pay in relation to him if he had not made the election and had paid all the contributions which he would, but for that election, have been required to pay under the previous legislation.
 (3) Where the previous pension percentage of pay applicable to a person to whom this section applies, being a person who on his retirement, is classified as Class B or Class C under section 30, is greater than the new pension percentage of pay applicable to him, he may, by notice in writing given to CSC within a period of 90 days after the date of his retirement, or within such further period as CSC, in special circumstances, allows, elect that the rate at which invalidity pay shall be payable to him shall be an amount per annum that is such percentage of his annual rate of pay for the purposes of this Act immediately before his retirement as is the same as the previous pension percentage of pay applicable to him, and, subject to subsection (5), the election has effect accordingly.
 (4) Where the previous pension percentage of pay applicable to a person to whom this section applies, being a person who, on his retirement is classified as Class A under section 30 but is subsequently reclassified as Class B, is greater than the new pension percentage