Document ID: chunk:federal_register_of_legislation:C1965A00097:body:0:p22
Version: federal_register_of_legislation:C1965A00097
Segment Type: other
Provision Reference: 
Character Range: 51560–54209

increased to not less than ten per centum; or
       (c) in the case of a person referred to in either paragraph (a) or paragraph (b) of that sub-section—the person has ceased to engage in employment or work of a kind referred to in that sub-section or the rate of his earnings from that employment or work has been reduced to less than two-thirds of the notional rate of salary,
the Board shall remove the suspension and the removal shall be deemed to have taken effect as from the date as from which the Board is satisfied that the circumstances referred to in paragraph (a) or paragraph (b) of this sub-section occurred, or the date on which the circumstances referred to in paragraph (c) of this sub-section occurred, as the case may be.
"(8.) If a pension is suspended, the pension is not payable in respect of the period of the suspension.
"(9.) For the purposes of the application of this section in relation to a person, the notional rate of salary as at any time is such rate of salary as, having regard to general changes in the rates of salaries of contributors that occurred after the time of the retirement of the person, the Board determines to be the rate of salary that at that first-mentioned time corresponded with the rate of the salary that was payable to the person at the time of his retirement.".

Repeal of Division 4 of Part IV.
31. Division 4 of Part IV. of the Principal Act is repealed.

32. Before section 68 of the Principal Act the following sections are inserted in Division 5 of Part IV.:—

Limitation on dual pensions to widows.
"66.—(1.) In this section—
      'member' means a member as defined by sub-section (1.) of section four of the Defence Forces Retirement Benefits Act 1948-1965;
      'pension' does not include tension payable in respect of a child.

"(2.) Where an employee who is in receipt of a pension under section forty-six or section forty-seven 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 payable 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.
"(3.) Where a member is in receipt of a pension under section forty-six or section forty-seven of this Act, she is, on retirement on pension under the Defence Forces Retirement Benefits Act 1948-1965, entitled to receive, in addition to pension under the last-mentioned Act—
       (a)