Document ID: chunk:federal_register_of_legislation:C2004A00007:section:10
Version: federal_register_of_legislation:C2004A00007
Segment Type: section
Provision Reference: s 10
Character Range: 11324–12300

10  Commutation of pensions on and after 1st July, 1973

 (1) Section 74 of the Defence Forces Retirement Benefits Act 1948‑1973 does not authorize the commutation of a pension in so far as the pension has been increased by virtue of this Act.

 (2) Where, on or after 1st July, 1973, a portion of the pension of a person who is entitled to an increase in the rate of his pension under section 5 of this Act is commuted, then, on and after the date on which that portion of his pension is so commuted, he is, in lieu of the increase to which, but for this section, he would have been entitled in accordance with section 5, entitled to an increase that bears to the increase to which he would have been so entitled the same proportion as the rate at which pension would have been payable to him immediately before 1st July, 1973, if he had commuted that portion of his pension before that date, bears to the rate at which pension was so payable immediately before that date.