Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT 14

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

(2) Where, on or after 1 July 1973, a portion of the pension of a person who
is entitled to an increase in the rate of his pension under this Part is
commuted, then, as from the date on which that portion of his pension is so
commuted, the annual amount of his pension shall be reduced to such an amount
as would, upon the date that is the relevant date in relation to the date on
which that portion of his pension is commuted, have been the annual amount of
his pension if he had commuted that portion of his pension on 29 June last
preceding the relevant date.

(3) In this section, a reference to the relevant date, in relation to the date
on which a portion of a pension is commuted, shall be read as a reference-

   (a)  if that portion of the pension is commuted during the year commencing
        1 July 1973-to that date;

   (b)  if that portion of the pension is commuted during the year commencing
        1 July 1974-to that date; or

   (c)  if that portion of the pension is commuted on or after 1 July 1975-to
        that date.