Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT 11

11. (1) Where a person in receipt of a pension payable in accordance with
section 82ZB of the Defence Forces Retirement Benefits Act 1948 would, but for
this section, be entitled to an increase in the amount of the annual pension
that was payable to the person immediately before the commencement of a
prescribed year and-

   (a)  if the pension became payable to the person otherwise than as a
        widow-it became payable on or after 1 July in the year immediately
        preceding the prescribed year; or

   (b)  if the pension became payable to the person as a widow-

        (i)    in a case where a pension in accordance with that section was
               not payable to the person's husband immediately before his
               death-the pension became payable on or after 1 July in the year
               immediately preceding the prescribed year; or

        (ii)   in a case where a pension in accordance with that section was
               payable to the person's husband immediately before his death-
               the husband's pension became payable on or after 1 July in the
               year immediately preceding the prescribed year, the following
               provisions of this section have effect.

(2) Subject to the succeeding provisions of this section, the amount of the
increase under section 7 is, by virtue of this sub-section, so much only of
the amount that, but for this sub-section, would have been the amount of the
increase under that section as bears to that last-mentioned amount the same
proportion as the number of months in the period that commenced on the day on
which the pension referred to in paragraph (1) (a), sub-paragraph (1) (b) (i)
or sub-paragraph (1) (b) (ii) became payable, and ended on 30 June of the year
immediately preceding the prescribed year, bears to 12.

(3) If the pension in accordance with section 82ZB of the Defence Forces 
Retirement Benefits Act 1948 became payable after 15 June in the year
immediately preceding the prescribed year, the person is not entitled to the
increase under section 7.

(4) If the period referred to in sub-section (2) is less than 1 month, that
period shall be treated as 1 month.

(5) If the period referred to in sub-section (2) consists of a number of whole
months and a part of a month-

   (a)  where the number of days in that part of a month is less than one-half
        of the number of days in that month-that part of a month shall be
        disregarded; and

   (b)  where the number of days in that part of a month is not less than
        one-half of the number of days in that month-that part of a month
        shall be treated as a whole month.