Defence Force Retirement and Death Benefits Act 1973

This section applies to a member of the scheme, not being an existing contributor, who:

immediately before 1 October 1972, was a member of the Defence Force on continuous full‑time service and was in receipt of a pension under the previous legislation a part of which had been cancelled under subsection 69(1A) of the previous Act; and

on 1 October 1972, without having ceased to be on continuous full‑time service, became an eligible member of the Defence Force for the purposes of this Act.

A member of the scheme to whom this section applies may, by notice in writing given to CSC within a period of 90 days after the day on which this Act receives the Royal Assent, or within such further period as CSC, in special circumstances, allows, elect to have the period, or a specified part of the period, during which a part of his pension under the previous legislation was cancelled by force of subsection 69(1A) of the previous Act taken into account as qualifying service under this Act.

Where a member of the scheme has elected under subsection (2) to have a period taken into account as qualifying service under this Act, he shall pay an additional contribution to the Commonwealth under this section of an amount equal to 5.5% of the amount of pay that CSC determines would have been the pay received by him in respect of that period if, from time to time during that period, his rate of pay had been the maximum rate of pay payable to persons of the rank, branch and group that was from time to time applicable to him during that period.

A member of the scheme who is required to pay an additional contribution to the Commonwealth under subsection (3) shall also pay to the Commonwealth an amount equal to the amount of pension paid to him under the previous Act in respect of the period to which the election made by him under subsection (2) relates.