Defence Forces Retirement Benefits Act 1948

Where a person makes an election under section 82Z and:

he becomes employed in public employment within the period that is the prescribed period in relation to him but a transfer value is not payable in respect of him under section 82ZA; or

he does not become employed in public employment within that period but at the time when he ceased to be a member he had completed 20 years’ eligible employment or had attained the age of 60 years;

Subject to section 82ZG, deferred benefits that are applicable in respect of a person are payable as from the day immediately following the earliest of the following dates:

where the Authority is satisfied that the person has, by reason of invalidity or of physical or mental incapacity, become incapable (otherwise than temporarily), at a time when he was employed in public employment or after he had completed 20 years’ eligible employment, of performing duties of a kind suitable to be performed by him having regard to the duties performed by him in the employment in which he was employed immediately before he ceased to be a member and the duties performed by him in employment (if any) in which he was employed after he ceased to be a member:

if, at the date that the Authority is satisfied was the date on which he became so incapable, he was not employed in public employment—that date; or

if, at that date, he was employed in public employment—the date on which that public employment terminates;

if, at the date of his death, he was employed in public employment or had completed 20 years’ eligible employment—that date;

if he was an officer immediately before he ceased to be a member—the date on which he attains the age that was the retiring age for the rank held by him immediately before he ceased to be a member or the date on which he completes 15 years’ service for pension, whichever is the later;

if he was not an officer immediately before he ceased to be a member—the date on which he completes 20 years’ service for pension; and

the date on which he attains the age of 60 years or, if he attained that age before he ceased to be a member, the date on which he ceased to be a member.

For the purposes of the application of paragraphs (2)(c) and (d) in relation to a person, the following periods are periods of service for pension:

a period of service of the person as a member that would be a period of service for pension apart from this Division;

a period of public employment in which the person was employed after he ceased to be a member; and

a period (not being a period of public employment referred to in paragraph (b)) occurring after the person ceased or last ceased to be a member and after the person has completed 20 years’ eligible employment.

For the purposes of subsections (2) and (3), a period of public employment in which a person became employed after he ceased to be a member shall be deemed to be a period of eligible employment of the person.

Deferred benefits are not payable unless:

an application in writing has been made to the Authority requesting payment of the benefits; and

the applicant has furnished to the Authority any information that is necessary to enable the Authority to determine whether the benefits are payable.

Subject to subsections (7) and (8), where a person in relation to whom paragraph (1)(a) applies and who, at the time when he ceased to be a member, had not completed 20 years’ eligible employment ceases to be employed in public employment and the deferred benefits applicable in respect of him have not become payable under subsection (2), then, those deferred benefits cease to be applicable in respect of him but this Act has effect in relation to him as if the election by him under section 82Z had not been made.

If a deferred benefit by way of a pension has previously become payable to a person referred to in subsection (6) by reason of paragraph (2)(a), any amount that, but for this subsection, would be payable to the person by reason of subsection (6) is payable only to the extent to which it exceeds the sum of the amounts previously paid to him.

Subsection (6) does not apply in relation to a person if the sum of the periods of eligible employment in which the person has been employed and the period of public employment in which he was employed after he ceased to be a member is not less than 20 years.