Document ID: chunk:federal_register_of_legislation:C1959A00102:front:0:p15
Version: federal_register_of_legislation:C1959A00102
Segment Type: other
Provision Reference: 
Character Range: 34455–37130

is amended by omitting sub-sections (3.), (4.) and (5.) and inserting in their stead the following sub-sections:—
"(3.) Where an employee is in receipt of a pension under section thirty-one or thirty-two of this Act at a rate exceeding Three hundred and twelve pounds sixteen shillings and three pence per annum, the pension payable to her during any period during which she is an employee is, in lieu of the pension that would otherwise have been payable under this Act, a pension at the rate of—
       (a) Three hundred and twelve pounds sixteen shillings and three pence per annum; or
       (b) an amount equal to one-half of the pension that would otherwise have been payable,
  whichever is the greater.

"(3a.) In the application of the last preceding sub-section to the pension of a person whose husband elected that section seventeen aa of this Act should not apply to him, the references to Three hundred and twelve pounds sixteen shillings and three pence shall be read as references to Two hundred and fifty pounds five shillings.
"(4.) Where an employee who is in receipt of a pension under section thirty-one or thirty-two of this Act is a contributor, she is, on retirement on pension, entitled to receive—
       (a) the proportions of both pensions that are based upon the contributions paid by her and by her husband; and
       (b) the proportion payable by the Commonwealth—
             (i) of whichever of the pensions secures to her the greater payment from the Commonwealth; or
             (ii) if the payments from the Commonwealth are equal—of one only of those pensions.
"(5.) Where an employee who is in receipt of a pension under section thirty-one or thirty-two of this Act is a contributor to the Provident Account, she shall, when she ceases to be an employee (except where she so ceases by reason of re-marriage), be entitled to receive a pension at the same rate as that to which she would have been entitled if she had not become an employee.
"(5a.) In sub-sections (1.), (3.) and (4.) of this section, the reference to a pension does not include a reference to a pension payable in respect of a child.".

33. After section fifty a of the Principal Act the following section is inserted in Division 3a of Part IV.:—

Widows who contribute to Defence Forces Retirement Benefits Fund.
"50b.—(1.) In this section, 'member' means a member as defined by sub-section (1.) of section four of the Defence Forces Retirement Benefits Act 1948-1959.
"(2.) Where a member is in receipt of a pension under section thirty-one or thirty-two of this Act at a rate exceeding Three hundred and twelve pounds sixteen shillings and three pence per annum, the