Document ID: chunk:federal_register_of_legislation:F2017L00187:reg:1:p1
Version: federal_register_of_legislation:F2017L00187
Segment Type: reg
Provision Reference: reg 1 (pt 1/2)
Character Range: 2461–6808

1  Chapter 2 Part 3 Division 3 (Special benefit payment – management-initiated early retirement)
   Repeal the Division, substitute:

Division 3: Special benefit payment

2.3.20   Purpose
1.  The purpose of this Division is to provide the payment of a special benefit to a member who is compulsorily transferred from the Permanent Force to the Reserves under section 16 of Defence Regulation 2016 for reasons of workforce planning in the Defence Force for the purpose of the Command Initiated Transfer to the Reserves (CITR) scheme.
2.  The payment is not a performance management tool.

2.3.21   Definitions
   For the purpose of this Division, Defence Regulation means the Defence Regulation 2016, as in force from time to time.

2.3.22   Member eligible for a special benefit
1.  A member of the Permanent Forces is eligible for payment of a special benefit if they meet all of the following conditions.
    a.                                                                                                                            The member has completed at least two years service at their current rank.
    b.                                                                                                                            The member has at least 12 months of service remaining before the day on which their period of service is expected to end.
                                                                                                                                  Note: The day the member's period of service ends is the earlier of the following days.
    i.                                                                                                                            The day the member reaches retirement age.
    ii.                                                                                                                           The last day of the member's fixed period of service.
    c.                                                                                                                            The member has been identified for a command-initiated transfer to the Reserves for the purpose of Part 10, Chapter 7 of the Military Personnel Policy Manual, as published on 19 December 2016.
    d.                                                                                                                            The CDF has decided under section 16 of the Defence Regulation to transfer the member from the Permanent Forces to the Reserves in the interest of the Defence Force for workforce planning reasons.
    e.                                                                                                                            The member is transferred to the Reserves within 30 days of the member being notified of the CDF's decision under section 16 of the Defence Regulation being made.
2.  A member is not eligible for a payment if any of the following circumstances apply.
    a.                                                                                                                            The member is subject to an investigation for unacceptable behaviour.
    b.                                                                                                                            The member is subject to disciplinary action.
    c.                                                                                                                            The member is the subject of a notice to show cause for an administrative sanction (including a notice of a positive test result under section 100 of the Defence Act, as in force from time to time).
    d.                                                                                                                            An administrative sanction has been imposed on the member within the previous 12 months.

2.3.23   Amount of special benefit
1.  An eligible member may be paid the lesser of the following.
    a.                                                           The sum described in items 1 and 2 of the following table less the amounts described in item 3.

Item  Description                                                                                                  Amount
1.    ADF service, including earlier periods of ADF service.