Commonwealth Numbered Acts

DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973 No. 86 of 1973 - SECT 44

44. (1) A person who is entitled to invalidity benefit and is classified as
Class A under section 43 is entitled to a pension at the rate of an annual
amount ascertained in accordance with the formula-

ab
---
70c where-

a is an amount equal to the total amount of pay that was applicable to him
during the last three years of service for pension completed by him before his
retirement or, if he had not, at the time of his retirement, completed three
years of service for pension, during the whole period of service for pension
completed by him;

b is the number of years of service for pension (not exceeding thirty-five)
that he would have completed if his period of service for pension had included
the period commencing on the date of his retirement and ending on the date on
which he attains the age of sixty years; and

c is the number three or, if he had not, at the time of his retirement,
completed three years of service for pension, the number (or fraction)
ascertained by dividing the number of days in the whole period of service for
pension completed by him by three hundred and sixty-five.

(2) A person who is entitled to invalidity benefit and is classified as Class
B under section 43 is entitled to a pension at the rate of an annual amount
equal to the annual amount of pension to which he would have been entitled if
he had been classified as Class A multiplied by-

   (a)  if, immediately before retirement, he was a permanent officer-the
        factor specified in Schedule 2 in relation to the
        retiring age for the rank held by him;

   (b)  if, immediately before retirement, he was an officer serving on a
        short service commission or an enlisted member and his age on
        retirement is an age specified in Schedule 2-the factor specified in
        that Schedule in relation to the age that he would have attained on
        completion of his current commission or engagement, or in relation to
        the age of forty years, whichever is the greater; or

   (c)  in any other case-a factor determined by the Board on the advice of
        the actuarial member of the Board, being a factor not less than
        sixty-two per centum nor greater than one.

(3) A person who is entitled to invalidity benefit, is classified as Class C
under section 43 and has, on retirement, completed twenty years of service for
pension is entitled to a pension at the rate of an annual amount equal to the
annual amount of pension to which he would have been entitled if he had been
classified as Class A multiplied by-

   (a)  if his age on retirement is less than fifty-one years-the factor
        specified in Schedule 2 in relation to his age on retirement; or

   (b)  if his age on retirement is fifty-one years or more-a factor
        determined by the Board on the advice of the actuarial member of the
        Board, being a factor not less than sixty-two per centum nor greater
        than one.

(4) A person who is entitled to invalidity benefit, is classified as Class C
under section 43 and has not, on retirement, completed twenty years of service
for pension is entitled, in addition to a refund of the amount of his
contributions-

   (a)  if he was an officer immediately before retirement and his period of
        service for pension does not include service as an enlisted member-to
        a gratuity equal to Sixty dollars multiplied by the number of years of
        service for pension completed by him;

   (b)  if he was an officer immediately before retirement and his period of
        service for pension includes service as an enlisted member-to a
        gratuity equal to the sum of-

        (i)    Forty dollars multiplied by the number of years of service for
               pension as an enlisted member completed by him; and

        (ii)   Sixty dollars multiplied by the difference between the total
               number of years of service for pension, and the number of years
               of service for pension as an enlisted member, completed by him;
               or

   (c)  if he was an enlisted member immediately before retirement-to a
        gratuity equal to Forty dollars multiplied by the number of years of
        service for pension completed by him.

(5) For the purposes of this section, the amount of pay that was applicable to
a person during a period shall be calculated on the basis of the daily rate
of pay that was from time to time applicable to him during that period, but
any cents in the amount so calculated shall be disregarded.