Document ID: chunk:federal_register_of_legislation:C2004A00163:section:9
Version: federal_register_of_legislation:C2004A00163
Segment Type: section
Provision Reference: s 9
Character Range: 8785–11042

9  Amount of increase in certain pensions to which section 8 does not apply

  Where, immediately before 1 July 1974, a pension was payable to a person in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948‑1973 (not being a pension that became payable after 15 June 1974) and:
 (a) if the pension became payable to the person otherwise than as a widow—it became payable on or after 1 July 1973; or
 (b) if the pension became payable to the person as a widow:
 (i) if a pension in accordance with that section was not payable to the person's husband immediately before his death—the pension became payable on or after 1 July 1973; or
 (ii) if a pension in accordance with that section was payable to the person's husband immediately before his death—the husband's pension became payable on or after 1 July 1973;
this section applies to the person.

 (2) Subject to the succeeding provisions of this section, the increase provided for by section 7 in the annual amount of the pension payable immediately before 1 July 1974 to a person to whom this section applies is an amount that bears to the amount determined in accordance with subsection (3) the same proportion as the number of months in the period that commenced on the day on which the pension referred to in paragraph (1)(a), or subparagraph (1)(b)(i) or (ii), as the case may be, became payable and ended on 30 June 1974 bears to 12.

 (3) The amount to be determined in accordance with this subsection in relation to the pension payable to a person to whom this section applies is the prescribed percentage of 77.5 per centum of an amount equal to the annual amount of the pension immediately before 1 July 1974.

 (4) If the period referred to in subsection (2) is less than 1 month, that period shall be treated as 1 month.

 (5) If the period referred to in subsection (2) consists of a number of whole months and a part of a month:
 (a) where the number of days in that part of a month is less than one‑half of the number of days in that month—that part of a month shall be disregarded; and
 (b) where the number of days in that part of a month is not less than one‑half of the number of days in that month—that part of a month shall be treated as a whole month.