Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT 16

16. (1) In this section, ''superseded enactment'' means-

   (a)  the Defence Forces Retirement Benefits (Pension Increases) Act 1973;
        and

   (b)  Part II of the Defence Force Retirement and Death Benefits (Pension 
        Increases) Act 1974 .

(2) Upon the commencement of this section, but subject to sub-section (3),
there shall be deemed to be substituted for any entitlement (in this
sub-section referred to as the ''superseded pension increase entitlement'') of
a person to an increase in the rate of a pension provided for by a superseded
enactment, the entitlement to the increase in the rate of that pension that is
provided for by the preceding provisions of this Part and that has effect from
the day from which the superseded pension increase entitlement had effect.

(3) Where an amount of pension that has become payable to a person before the
commencement of this section in respect of a period that commenced on or after
1 July 1973 and ended not later than the commencement of this section (whether
or not the amount has been paid before the commencement of this section)
exceeds the amount that, but for this sub-section, would be payable to the
person in respect of the period by virtue of the operation of sub-section (2),
the person shall not cease to be entitled to the amount of the excess.