Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT 6

6. (1) Subject to this Part, if-

   (a)  the all groups consumer price index number for the weighted average of
        the 6 State capital cities published by the Statistician in respect of
        the March quarter of the year 1973 exceeds the all groups consumer
        price index number for the weighted average of the 6 State capital
        cities published by the Statistician in respect of the June quarter of
        the year 1971; and

   (b)  the estimate of the seasonally adjusted average weekly earnings per
        employed male unit throughout the Commonwealth published by the
        Statistician in respect of the March quarter of the year 1973 exceeds
        the estimate of the seasonally adjusted average weekly earnings per
        employed male unit throughout the Commonwealth published by the
        Statistician in respect of the June quarter of the year 1971, a person
        who was in receipt of a pension (other than a pension payable to or in
        respect of an eligible child) immediatley before 1 July 1973 is
        entitled to an increase, as ascertained in accordance with this
        section, in the amount of the annual pension that was payable to him
        immediately before that date.

(2) The increase provided for by sub-section (1) in the amount of the annual
pension payable to a person immediately before 1 July 1973, is the prescribed
percentage of the non-contributory portion of the amount of the annual
pension.

(3) For the purposes of this section, the prescribed percentage is whichever
is the lower of-

   (a)  1.4 times the percentage that represents A-B expressed as a percentage
        of B; or

   (b)  the percentage that represents C-D expressed as a percentage of D,
        where-

A is the all groups consumer price index number for the weighted average of
the 6 State capital cities published by the Statistician in respect of the
March quarter of the year 1973;

B is the all groups consumer price index number for the weighted average of
the 6 State captial cities published by the Statistican in respect of the June
quarter of the year 1971;

C is the estimate of the seasonally adjusted average weekly earnings per
employed male unit throughout the Commonwealth published by the Statistician
in respect of the March quarter of the year 1973; and

D is the estimate of the seasonally adjusted average weekly earnings per
employed male unit throughout the Commonwealth published by the Statistician
in respect of the June quarter of the year 1971.