Document ID: chunk:federal_register_of_legislation:C1965A00097:body:0:p23
Version: federal_register_of_legislation:C1965A00097
Segment Type: other
Provision Reference: 
Character Range: 53948–56576

in receipt of a pension under section forty-six or section forty-seven of this Act, she is, on retirement on pension under the Defence Forces Retirement Benefits Act 1948-1965, entitled to receive, in addition to pension under the last-mentioned Act—
       (a) the proportion of the pension under section forty-six or section forty-seven of this Act that is based upon the contributions payable by her husband; and
       (b) the amount (if any) by which the proportion of the pension payable by the Commonwealth under this Act exceeds the proportion of the pension payable by the Commonwealth under the Defence Forces Retirement Benefits Act 1948-1965.

Certain pensioners who become employees not to contribute except in respect of difference.
"67.—(1.) Notwithstanding anything contained in this Act, where a person who is in receipt of a pension under this Act (other than a pension under section forty-five, section forty-six or section forty-seven of this Act) becomes an employee, he shall not contribute for units of pension under this Act (other than units for which he commenced to contribute before he so became an employee) except as provided by this section.

"(2.) Where the sum of the number of units of pension in respect of which an employee referred to in the last preceding sub-section is in receipt of a pension under this Act and the number of units of pension (if any) under this Act for which he is a contributor and for which he commenced to contribute before he became an employee is less than the number of units of pension ascertained in accordance with sub-section (2.) of section twenty of this Act as it would apply in relation to him if he were not in receipt of a pension under this Act, the employee may, within the prescribed time, elect to come under this Act for the purpose of the difference.

"(3.) If an employee elects under the last preceding sub-section to come under this Act for the purpose of the difference, this Act applies, for the purpose of that difference, as if he were an employee not in receipt of a pension under this Act except that—
       (a) the employee shall not contribute in respect of a number of units of pension exceeding the difference; and
       (b) the contributions for the difference are payable as from the date of the election.
"(4.) For the purposes of this section, the difference is the difference between—
       (a) the sum of the number of units of pension in respect of which the employee is in receipt of a pension under this Act and the number of units of pension (if any) under this Act for which he is a contributor and for which he commenced