“(ab) the Deputy Chairman of the Authority who is to be appointed by the Minister; and”;

(c)     by omitting from subsection (3) “Governor-General” and substituting “Minister”;

(e)     by inserting in subsection (4) “as Deputy Chairman or” and “or she” after “reappointed” (first occurring) and “he” respectively;

(f)      by omitting from subsection (5) “each member referred to in paragraph (2) (b)” and substituting “a member referred to in paragraph (2) (ab) or (b)”;

(a)     by omitting from subsection (1) “Governor-General” and substituting “Minister”;

(b)    by omitting “Governor-General” (wherever occurring) and substituting “Minister”.

(a)     if the deputy of the Chairman is present—he or she is to preside at the meeting; and

(b)     if the deputy of the Chairman is not present—the Deputy Chairman is to preside at the meeting.”.

(a) a person becomes entitled to retirement pay under subsection 23 (1); and

(b)     the person had on a previous occasion become entitled to retirement pay under that section; and

(c)     on that occasion the person had made an election under subsection (1) of this section (in this section called the ‘previous election’) to commute a portion of his or her retirement pay; and

(d)     the person’s retirement pay was subsequently cancelled under subsection 62(1) on his or her again becoming an eligible member of the Defence Force;

(i) were entitled to make an election under subsection (1) to commute a portion of his or her retirement pay; and

(ii) has made the election on the day immediately following the day on which the person retired; and

(f) the election specified the amount prescribed by subsection (6) as the amount that is to be payable to the person because of the commutation.

(a)     if the previous election made by the person had specified the maximum amount (in this subsection called the ‘previous maximum amount’) that could have been specified in that election in accordance with subsection (2a)—an amount equal to the maximum amount (in this subsection called the ‘putative maximum amount’) that the person could (under subsection (2a)) specify in an election made under subsection (1) if the person were entitled to make the election on his or her becoming entitled to the retirement pay; or

(b)    if the previous election made by the person had specified a lesser amount than the previous maximum amount—an amount calculated by using the formula:

(a) the amount that was paid to the recipient member under that paragraph as a result of the previous election made by him or her; and

(b) any increase in that amount that the recipient member would have received if, on each occasion after the payment of the amount on which a person to whom a pension benefit was payable was entitled under section 98b to an increase in the rate of that pension benefit, the recipient member had been entitled to an increase in that amount calculated under that section in the same way as the increase in the rate of pension benefit was calculated.”.

(a)     a member of the scheme (other than a member to whom section 36 applies) who is entitled to invalidity benefit dies; and

(b)     at the time of his or her death, the Authority has not made a determination in respect of the member under subsection (1);

(c)     determine what was, immediately before the member’s death, his or her percentage of incapacity in relation to civil employment; and

(d)     classify the member under subsection (1) according to that percentage of incapacity, as if the member had not died.

(b) by omitting from paragraph (2) (c) “is the cause of” and “incapacity by reason of which he has been retired has diminished” and substituting “caused” and “incapacity because of which he or she was retired has or had diminished” respectively.

(b) where the Authority is satisfied, having regard to that percentage of incapacity, that, if the member had not died, the member would be reclassified and given a classification higher than that of the member at the time of his or her death, the Authority must reclassify the member under subsection (1) according to that percentage of incapacity, as if the member had not died.”;

(b) by omitting from subsection (1a) all words to and including “recipient member,” (first occurring) and substituting the following words and paragraphs:

(d)    by inserting in subsection (1b) “or a deceased member who was immediately before his or her death a recipient member” after “recipient member” (first occurring);

(e)     by omitting from paragraphs (1b) (a) and (b) “recipient” (wherever occurring);

(a)     the Authority must specify the day from which the reclassification has effect; and

(b)     the member is taken, for the purposes of this Part, to have been classified under section 30 accordingly on and after that day.”;

(h) by inserting in subsection (3) “(other than a member to whom section 37 applies)” after “member” (first occurring).

“; or (iii) is a member of the Superannuation (1990) Scheme whose liability to make contributions under that scheme has been deferred under Rule 3.1.17 of the Rules for the administration of the Superannuation (1990) Scheme”.

(a)     the widow of a deceased member of the scheme who was a recipient member immediately before his death is entitled to a pension under subsection 39 (2); and

(b)     there is paid into an account with a bank, credit union or building society (in this section called the ‘financial institution’) an amount purporting to be an instalment of retirement pay or invalidity pay (as the case may be) payable to the member in respect of a period in respect of which a pension is payable to the widow under subsection 39 (2); and

(c)     the financial institution pays, out of that account, to the widow an amount not exceeding the amount so paid into the account;

(d)     the financial institution is not liable to the Commonwealth, the personal representative of the deceased member or anyone else for any loss incurred because of the payment of that amount to the widow; and

(e)     an amount equal to the amount so paid by the financial institution to the widow must be set off against any amount of pension payable to her under subsection 39 (2).”.

(a) an eligible employee for the purposes of the Superannuation Act whose liability to make contributions under that Act was deferred by virtue of section 54 of that Act; or

(b)     a person whose entitlement to pension under that Act was suspended by force of subsection 117 (1) of that Act; or

(c)     a member of the Superannuation (1990) Scheme whose liability to make contributions under that scheme was deferred under Rule 3.1.17 of the Rules for the administration of the Superannuation (1990) Scheme.”.

“(a) a member of a scheme dies and, immediately before dying, the member:

(i) was in receipt of invalidity pay and classified as Class B or Class C under section 30; or

(ii) was entitled to invalidity benefit and classified as Class C (under section 30) because of a reclassification under subsection 34 (1) but was not entitled to invalidity pay; and

(b) the Authority is satisfied that the death of the member was due to:

(i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the member was retired; or

(ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);”.

(b)     there is only one period of effective service in relation to the member.”.

(b) there are 2 or more periods of effective service in relation to the member.

(b)     on his or her death, no pension benefit is payable under this Part;

(b)     on his or her death, no pension benefit is payable under this Part; and

(c)     the total amount of benefits paid or payable to the member after he or she last became a recipient member is less than 1.5 times the member’s contributions in respect of the last period of effective service of the member;

(a)     a member of the scheme died before retirement and, on or after his or her death, pension benefit was payable under this Part in respect of the member; and

(c)     the total amount of pension benefit paid or payable in respect of the member under this Part is less than 1.5 times the member’s contributions in respect of the last period of effective service of the member;

(a)     on or after the death of a recipient member, pension benefit was payable under this Act in respect of the member; and

(i) the total amount of benefits paid or payable to the member after he or she last became a recipient member; and

(ii) the total amount of pension benefit paid or payable in respect of a member under this Part;

(b)     the total amount of benefits paid to the member before he or she last became a contributing member is less than 1.5 times the member’s contributions in respect of the period, or periods, of effective service (other than the last period of effective service) of the member;

(a)     the liability of a person to make contributions under the Superannuation (1990) Scheme has been deferred under Rule 3.1.17 of the Rules for the administration of the Superannuation (1990) Scheme; and

(b)     because of the retirement or death of the person, the amount of the deferred contributions has become payable; and

(c)     the whole or any part of the amount so payable has not been paid; and

(d)     benefit has become payable to or in respect of the person under subsection 32 (2) or section 48 or 56 of this Act;

(a)     at the commencement of a prescribed year, a member of the scheme entitled to invalidity benefit was classified as Class C under section 30 (whether on retirement or because of a reclassification under section 34) but was not entitled to invalidity pay; and

(b)     during the prescribed year the member is reclassified as Class A or Class B;

(a)     a person (other than a person to whom section 52a applies) who is entitled to benefit by virtue of subsection (1) dies; and

(b)     at the time of his or her death, the Authority has not made a determination in respect of the person under subsection (2);

(c) determine what was, immediately before the person’s death, his or her percentage of incapacity in relation to civil employment;

(d) classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died.

(a)     the Authority must determine what was, immediately before the pensioner’s death, his or her percentage of incapacity in relation to civil employment; and

(b)    where the Authority is satisfied, having regard to that percentage of incapacity, that, if the pensioner had not died, the pensioner would be reclassified and given a classification higher than that of the pensioner at the time of his or her death, the Authority must reclassify the pensioner under subsection (1) according to that percentage of incapacity, as if the pensioner had not died.”;

(b) by omitting from subsection (1a) all words to and including “pensioner,” (first occurring) and substituting the following words and paragraphs:

(aa) what is the percentage of incapacity in relation to civil employment of a pensioner; or

(aab) what was, immediately before his or her death, the percentage of incapacity in relation to civil employment of a pensioner who has died;”;

(d)    by inserting in subsection (1b) “or a deceased pensioner” after “pensioner” (first occurring);

(a) the Authority must specify the day from which the reclassification has effect; and

(b) the person is taken, for the purposes of section 52, to have been classified accordingly on and after that day.”.

(a) by omitting from subsection (3) all words to and including “retirement” (first occurring) and substituting the following word and paragraphs:

(a)     the male pensioner, at the time of his death, was in receipt of a pension, being invalidity benefit; and

(i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or the physical or mental incapacity by reason of which the member was retired; or

(ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);”;

(a)     a male person who is entitled to invalidity benefit dies and, at the time of his death, he was classified as Class C under subsection 51 (2) as a result of a reclassification under section 53 but was not entitled to a pension; and

(i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or the physical or mental incapacity by reason of which the member was retired; or

(ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);

(a)     the widow of a deceased male pensioner is entitled to a pension under subsection 57 (3a); and

(b)     there is paid into an account with a bank, credit union or building society (in this section called the ‘financial institution’) an amount purporting to be an instalment of pension payable to the pensioner in respect of a period in respect of which a pension is payable to the widow under subsection 57 (3a); and

(c)     the financial institution pays, out of that account, to the widow an amount not exceeding the amount so paid into the account;

(d)     the financial institution is not liable to the Commonwealth, the personal representative of the deceased pensioner or anyone else for any loss incurred because of the payment of that amount to the widow; and

(e)     an amount equal to the amount so paid by the financial institution to the widow must be set off against any amount of pension payable to her under subsection 57 (3a).”.

(a)     determine what was, immediately before the person’s death, his or her percentage of incapacity in relation to civil employment; and

(b)     classify the person under subsection (1) according to that percentage of incapacity, as if the person had not died.

(a)     the Authority must determine what was, immediately before the pensioner’s death, his or her percentage of incapacity in relation to civil employment; and

(b)    where the Authority is satisfied, having regard to that percentage of incapacity, that, if the pensioner had not died, the pensioner would be reclassified and given a classification higher than that of the pensioner at the time of his or her death, the Authority must reclassify the pensioner under subsection (1) according to that percentage of incapacity, as if the pensioner had not died.”;

(c) by omitting from subsection (3a) all words to and including “pensioner,” (first occurring) and substituting the following words and paragraphs:

(aa) for the purposes of subsection (3), what is the percentage of incapacity in relation to civil employment of a pensioner; or

(aab) for the purposes of subsection (3aa), what was, immediately before his or her death, the percentage of incapacity in relation to civil employment of a pensioner who has died;”;

(e)     by inserting in subsection (3b) “or a deceased pensioner” after “pensioner” (first occurring);

(a)     the Authority must specify the day from which the reclassification has effect; and

(b)     the person is taken, for the purposes of subsection (2), to have been classified accordingly on and after that day.”.

(a)     at the commencement of a prescribed year a person entitled to invalidity benefit was classifed as Class C under subsection 51 (2) but was not entitled to pension under section 52; and

(b)     during the prescribed year the person is reclassified as Class A or Class B;

3. No. 60, 1969, as amended. For previous amendments, see Nos. 84 and 216, 1973; No. 59, 1974; No. 96, 1975; No. 37, 1976; and No. 61, 1981.

[Minister’s second reading speech made in—