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Superannuation and Other Benefits Legislation Amendment Act 1989

No. 125 of 1989

An Act to amend certain Acts and regulations relating to superannuation and similar benefits

[Assented to 17 October 1989]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART 1—PRELIMINARY

Short title
1. This Act may be cited as the Superannuation and Other Benefits Legislation Amendment Act 1989.

Commencement
2. This Act commences, or is to be taken to have commenced, as the case requires, on 20 October 1989.

PART 2—AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973

Principal Act
3. In this Part, "Principal Act" means the Defence Force Retirement and Death Benefits Act 19731.
4. After section 98ga of the Principal Act the following section is inserted in Part XA:

Pension benefits payable on or after 20 October 1989—variation of rate
"98gb. (1) Where:
    (a) a pension benefit is payable to a person on 20 October 1989; and
    (b) at any time before that day, the rate at which the pension benefit was payable to the person was affected because of the operation of subsection 98f (2) or 98g (3) or section 98ga;
the rate at which the pension benefit is payable to the person on or after that day is the rate that would apply if subsection 98f (2) or 98g (3) or section 98ga (as the case may be) had not been enacted.
"(2) Where:
    (a) a person to whom a pension benefit was payable died before 20 October 1989; and
    (b) at any time before that day, the rate at which the pension benefit was payable to the person was affected by the operation of subsection 98f (2) or 98g (3) or section 98ga; and
    (c) because of that person's death, or because of the death of that person and of a person to whom a pension benefit became payable on the death of the first-mentioned person, a pension benefit is payable to another person;
the rate at which the last-mentioned pension benefit is payable to that other person on or after 20 October 1989 is the rate that would apply if subsection 98f (2) or 98g (3) or section 98ga (as the case may be) had not been enacted.
"(3) Where a pension benefit would, but for its suspension under section 35, be payable to a person on or after 20 October 1989, the pension benefit is to be taken, for the purposes of this section, to be so payable to the person.".

PART 3—AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948

Principal Act
5. In this Part, "Principal Act" means the Defence Forces Retirement Benefits