Document ID: chunk:federal_register_of_legislation:C2004C00460:section:3:p4
Version: federal_register_of_legislation:C2004C00460
Segment Type: section
Provision Reference: s 3 (pt 4/4)
Character Range: 9254–11526

subsection (4) of section 39 of the Defence Forces Retirement Benefits Act 1948‑1971 shall be disregarded;
 (d) if the eligible pensioner was an officer immediately before his retirement and retired:
 (i) before the commencement of the Defence Forces Retirement Benefits Act 1959;
 (ii) after attaining the retiring age for the rank held by him immediately before his retirement; and
 (iii) before attaining the age of sixty years,
  his age on retirement shall be deemed to be the retiring age for the rank held by him immediately before his retirement; and
 (e) if the eligible pensioner was not an officer immediately before his retirement and retired:
 (i) before the commencement of the Defence Forces Retirement Benefits Act 1959;
 (ii) after attaining the retiring age for the rank held by him immediately before his retirement;
 (iii) before attaining the age of sixty years; and
 (iv) after completing twenty years' service for pension,
  the number of years of service for pension completed by him immediately before his retirement shall be deemed to be twenty years or such number of years of service for pension as had been completed by him immediately before he attained the retiring age for the rank held by him immediately before his retirement, whichever is the greater.

 (4) A reference in this Act to the Defence Forces Retirement Benefits Act 1948 shall, unless the contrary intention appears, be read as a reference to that Act as amended and in force from time to time.

 (5) Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948‑1971 have, in this Act, unless the contrary intention appears, the same respective meanings as they have in the Defence Forces Retirement Benefits Act 1948‑1971.

 (6) For the purposes of this Act, an eligible pensioner who is in receipt of a deferred pension shall be deemed to have retired on the day immediately preceding the day on which the deferred pension became payable and there shall be deemed to have been applicable to him on that day such maximum rate of annual pay as the Minister for Finance determines to be the rate that, as at that day, corresponded with the maximum rate of annual pay that was applicable to him immediately before he ceased to be a member.