Document ID: chunk:federal_register_of_legislation:C2014C00579:section:3:p2
Version: federal_register_of_legislation:C2014C00579
Segment Type: section
Provision Reference: s 3 (pt 2/4)
Character Range: 4945–7635

under section 52 of the Defence Forces Retirement Benefits Act 1948) his classification for the purposes of that section was, at that time, different from his classification on the commencing date—the rate at which pension would have been payable to him at that time if section 69 of the Defence Forces Retirement Benefits Act 1948 had not so applied in relation to him, he had not commuted a portion of his pension or his classification at that time had been the same as his classification on the commencing date, as the case may be; and
 (c) in any other case—his actual pension entitlement.
eligible pensioner means a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor or by virtue of section 73 of the Defence Forces Retirement Benefits Act 1948, being a pension that commenced to be payable before the thirtieth day of June, One thousand nine hundred and sixty‑seven.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
notional rate of annual pay, in relation to an eligible pensioner or a pensioner included in a class of eligible pensioners, means such rate of annual pay payable to members on the thirtieth day of June, One thousand nine hundred and sixty‑seven, as the Treasurer determines to be the rate that corresponds with the maximum rate of annual pay that was applicable to the pensioner or to that class of pensioners, as the case may be, immediately before the retirement of the pensioner.
pension at current rate, in relation to an eligible pensioner, means:
 (a) except in the case of a pensioner to whom paragraph (b) of this definition applies—the rate at which pension would have been payable to him immediately before the commencing date if the Defence Forces Retirement Benefits Act 1948‑1966 had been in force immediately before his retirement and he were, subject to the next succeeding subsection, entitled to pension in accordance with the provisions of that Act; and
 (b) in the case of a pensioner who was not an officer immediately before his retirement and in relation to whose pension section 45 of the Defence Forces Retirement Benefits Act 1948 applies—such rate of pension as is ascertained by multiplying the rate of Ninety‑one dollars per annum by a number the same as the category number applicable under section 4A of the Defence Forces Retirement Benefits Act 1948‑1966 to a rate 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