Document ID: chunk:federal_register_of_legislation:C2014C00579:section:3:p3
Version: federal_register_of_legislation:C2014C00579
Segment Type: section
Provision Reference: s 3 (pt 3/4)
Character Range: 7408–9979

of annual pay the same as the notional rate of annual pay of the pensioner.
the commencing date means the date of commencement of this Act.
 (2) In the application of the provisions of the Defence Forces Retirement Benefits Act 1948‑1966 in relation to an eligible pensioner for the purposes of paragraph (a) of the definition of pension at current rate in the last preceding subsection:
 (a) the category of the member at his retirement shall be deemed to be the category applicable under section 4A of that Act to a rate of annual pay the same as the notional rate of annual pay of the pensioner;
 (b) section 69 of that Act, and any commutation of a portion of his pension by the eligible pensioner, shall be disregarded;
 (c) if the eligible pensioner retired before the commencement of the Defence Forces Retirement Benefits Act 1959, paragraph (b) of subsection (4) of section 39 of the Defence Forces Retirement Benefits Act 1948‑1966 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.
 (3) A reference in this Act to the Defence Forces Retirement Benefits Act 1948 shall be read as a reference to that Act as amended and in force from time to time.
 (4) Expressions used in this Act that are also used in the Defence Forces Retirement Benefits Act 1948‑1966 have, in this Act, unless the contrary intention appears, the same respective meanings as they have in the Defence Forces Retirement Benefits Act 1948‑1966.