Commonwealth Numbered Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS (PENSION INCREASES) ACT 1976 No. 34 of 1976 - SECT 8

8. (1) For the purposes of this Part, the non-contributory portion of the
amount of annual pension payable to a person at a particular time (in this
section referred to as ''relevant time'') is-

   (a)  in a case to which paragraph (b) does not apply-the amount remaining
        after deducting from the amount of the annual pension-

        (i)    subject to sub-paragraphs (ii) and (iii)-an amount equal to the
               sum of-

                (A)  the amount (if any) by which the amount of the annual
                     pension has been increased by virtue of section 45 of the
                     Defence Forces Retirement  Benefits Act 1948 ; and

                (B)  an amount equal to two-sevenths of the amount of the
                     person's contributory pension as ascertained in
                     accordance with sub-section (2);

        (ii)   if the pension is payable to a person under section 52 of the
               Defence Forces Retirement Benefits Act 1948 and, as a result of
               the re-classification of the person under section 53 of that
               Act, his classification at the relevant time is different from
               his classification upon retirement-an amount equal to
               two-sevenths of the amount that would have been the amount of
               his contributory pension if his classification at the time of
               his retirement had been the same as his classification at the
               relevant time; or

        (iii)  if a portion of the person's pension had been commuted, or
               several portions of the person's pension have been commuted,
               before the relevant time-an amount that bears to an amount
               equal to two-sevenths of the amount that would have been the
               amount of his contributory pension if no portion of his pension
               had been commuted the same proportion as the amount of the
               annual pension that would have been payable to the person upon
               the day following the day on which he retired if that portion
               or those portions of his pension had been commuted upon the day
               on which he retired bears to the pension that was payable to
               him upon the first-mentioned day; and

   (b)  in the case of a pension payable to a person by virtue of that
        person's being a widow-

        (i)    in the case of a widow whose husband made, and did not revoke,
               an election under sub-section 47 (6) of the Defence Forces
               Retirement Benefits Act 1959-so much of the amount of the
               annual pension as is equal to one-half of the amount that would
               have been the non-contributory portion, as asceertained under
               paragraph (a), of the amount of the annual pension payable to
               her husband at the relevant time if-

                (A)  in a case to which clause (B) does not apply-he had not
                     died and, in a case where he had commuted a portion of
                     his pension, he had not done so; or

                (B)  in a case where he died before retirement or where
                     pension is, under sub-section 57 (3) of the
                     Defence Forces Retirement Benefits Act 1948, payable to
                     the widow as if her husband had so died-he had not died
                     but, at the time of his death, had retired on the grounds
                     of invalidity and had been classified as class A under
                     sub-section 51 (2) of the Defence Forces  Retirement
                     Benefits Act 1948 ;

        (ii)   in the case of a widow whose husband made an election under
               sub-section 47 (6) of the Defence Forces Retirement Benefits
               Act 1959 and an election under section 61A or 61B of the
               Defence Forces Retirement Benefits Act 1963 or that Act as
               amended and in force at any time and, after the date on which
               the later election took effect, he revoked the former
               election-the amount remaining after deducting from the amount
               of the annual pension payable to her at the relevant time an
               amount equal to-

                (A)  in a case to which clause (B) does not apply-one-half of
                     the amount that, if her husband had not died, and, in a
                     case where he had commuted a portion of his pension, he
                     had not done so, would, for the purpose of ascertaining
                     the non-contributory portion of the amount of the annual
                     pension payable to him at the relevant time, have been
                     deducted under paragraph (a) from the amount of the
                     annual pension payable to him at that time; and

                (B)  in a case where her husband died before retirement or
                     where pension is, under sub-section 57 (3) of the Defence
                     Forces Retirement Benefits Act, payable to her as if her
                     husband had so died-one-half of the amount that, if her
                     husband had not died but, at the time of his death, had
                     retired on the ground of invalidity and had been
                     classified as class A under sub-section 51 (2) of the
                     Defence Forces Retirement Benefits Act 1948, would, for
                     the purpose of ascertaining the non-contributory portion
                     of the annual pension payable to him at the
                     relevant time, have been deducted under paragraph (a)
                     from the amount of the annual pension payable to him at
                     that time; and

        (iii)  in any other case-so much of the amount of the annual pension
               as is equal to five-eighths of the amount that would have been
               the non-contributory portion, as ascertained under paragraph
               (a), of the amount of the annual pension payable to the husband
               of the widow at the relevant time if-

                (A)  in a case to which clause (B) does not apply-he had not
                     died and, in a case where he had commuted a portion of
                     his pension, he had not done so; or

                (B)  in a case where he died before retirement or where
                     pension is, under sub-section 57 (3) of the
                     Defence Forces Retirement Benefits Act 1948, payable to
                     the widow as if her husband had so died-he had not died
                     but, at the time of his death, had retired on the grounds
                     of invalidity and had been classified as class A under
                     sub-section 51 (2) of the Defence Forces  Retirement
                     Benefits Act 1948 .
(2) In sub-section (1), ''contributory pension'' in relation to a person
referred to in that sub-section means-

   (a)  if the person made an election under section 61A or 61B of the Defence
        Forces Retirement Benefits Act 1963 or that Act as amended and in
        force at any time-the pension, other than pension payable to him by
        virtue of section 45 of the
        Defence Forces Retirement Benefits Act 1948, that would have been
        payable to him on his retirement if the category number that was
        applicable to him immediately before the election took effect had been
        the category number applicable to him on his retirement; and

   (b)  in any other case-the pension, other than pension payable to him by
        virtue of section 45 of the
        Defence Forces Retirement Benefits Act 1948, that was payable to him
        on his retirement.