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Glossary of terms

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 additional contribution
means an additional contribution payable under section 21, 64, 87, 89 or 93.
annual rate of pay
in relation to a member of the Defence Force on a particular day, means the amount, that, under the regulations, is the annual pay applicable to the member on that day.
Authority
means the Defence Force Retirement and Death Benefits Authority established by section 8.
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 benefit
means pension benefit, and includes a lump sum payment under subsection 32(2) or section 48 and a refund of contributions under section 56.
Board
means the Commonwealth Superannuation Board of Trustees No. 1 established by section 20 of the Superannuation Act 1990.
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 child
in relation to a deceased member of the scheme, includes:
  1. a person who:
    1. is an ex-nuptial child of the member; or
    2. is, immediately before the member’s death, a stepchild, an adopted child, a foster child or a ward, of the member; nd
  2. a person who:
    1. is a child or ex-nuptial child of a spouse who survives the member; and
    2. was wholly or substantially dependent upon the member at the time of the member’s death.
child’s pension
means pension payable under Division 2 of Part VI.
Commissioner for Superannuation
means the Commissioner for Superannuation under the Superannuation Act, and includes an acting Commissioner for Superannuation under that Act.
contributing member
means a member of the Defence Force who is making, or is required to make, or, but for section 18 or 18A, would be required to make, contributions under section 17.
contributions
means contributions payable under section 17, and includes any additional contributions or previous contributions.
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 date of commencement of the scheme
means 1 October 1972.
Defence (Parliamentary Candidates) Act
means the Defence (Parliamentary Candidates) Act 1969 or the Defence (Parliamentary Candidates) Act 1969-1973.
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 eligible child
means a person who:
  1. is the child of a deceased member of the scheme who died while he was a contributing member or of a deceased recipient member; and
  2. is a person who has not attained the age of 16 years or:
    1. has attained the age of 16 years but has not attained the age of 25 years;
    2. is receiving full-time education at a school, college or university; and
    3. is not ordinarily in employment or engaged in work on his own account.
eligible member
of the Defence Force means:
  1. a member of the Defence Force who:
    1. is serving on continuous full-time service under an appointment or engagement, or under a re-appointment or re-engagement, for a period of not less than one year; or
    2. is serving on continuous full-time service, being service that is continuous with previous continuous full-time service that was, or included, service under an appointment or engagement, or under a re-appointment or re-engagement, for a period of not less than one year; or
  2. a member of the Defence Force:
    1. to whom paragraph (a) does not apply;
    2. who is serving on continuous full time service; and
    3. who, immediately before commencing to serve, was a recipient member, was a member of the scheme to whom deferred benefits were applicable under section 78, was a person who was in receipt of, or but for a suspension of his pension under section 53A or 53B of the previous Act, would have been in receipt of, a pension under the previous benefits scheme (being a pension to which he became entitled on retirement from the Defence Force) or was a person to whom deferred benefits were applicable under section 82ZB of the previous Act; but does not include:
  3. a person who, under section 5A, is excluded from this definition;
  4. a person to whom section 90 applies and who does not make an election under that section; or
  5. a person who has ceased, or is taken to have ceased, under section 134 or 138 to be an eligible member of the Defence Force.
eligible orphan
means an eligible child who is an orphan, and includes an eligible child who is not an orphan but who is in the custody, care and control of, and is wholly or substantially dependent on, a person other than a person to whom widow’s pension is, or was at any time, payable.
existing contributor
means a person who:
  1. immediately before 1 October 1972 was making, or was required to make, or, but for subsection 4AA(2), paragraph 23(5)(b) or (c), or subsection 36(1), of the previous Act, would have been required to make, contributions to the Defence Forces Retirement Benefits Fund under the previous legislation; and
  2. on that date, without having ceased to be on continuous full-time service, became an eligible member of the Defence Force for the purposes of this Act.
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 fortnightly rate of pay
in relation to a member of the Defence Force on a particular day, means an amount calculated in accordance with the formula: (14 x A)/365 where A is the annual rate of pay applicable to him on that day.
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 invalidity benefit
means invalidity benefit under section 26.
invalidity pay
means invalidity benefit consisting of invalidity pay.
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 member of the Defence Force
does not include a person who is a member as defined by subsection 3(1) of the Defence Force (Papua New Guinea) Retirement Benefits Act 1973.
member of the scheme
means a person who is, or at any time on or after the date of commencement of the scheme, has been, an eligible member of the Defence Force.
MSB scheme
means the superannuation scheme established under the Military Superannuation and Benefits Act 1991.
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 officer
means a member of the Defence Force who is an officer for the purposes of the Defence Act 1903-1970.
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 pension benefit
means retirement pay, invalidity pay, widow’s pension or child’s pension.
period of effective service
in relation to a member of the scheme, means:
  1. any period commencing on or after the date of commencement of the scheme during which he is an eligible member of the Defence Force, less any period included in such a period that:
    1. is a period of non-effective service in relation to him; or
    2. is a period that, under section 57 or 58, is to be disregarded as a period of effective service in relation to him; and
  2. any period that is deemed to be a period of effective service in relation to him under section 21, subsection 62(3) or section 64 or 91.
period of non-effective service
in relation to a member of the scheme, means a period that, under section 6, is deemed to be a period of non-effective service in relation to him.
Permanent Forces
means the Permanent Navy, the Regular Army and the Permanent Air Force.
previous Act
means the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time before 1 October 1972.
previous benefits scheme
means the retirement benefits scheme provided for in the previous legislation.
previous contributions
in relation to a person, means contributions made by him under the previous legislation, less any such contributions refunded to him under the previous  legislation or (except for the purposes of Part X) under section 86 of this Act.
previous legislation
means the previous Act, and includes any other Act relating to retirement benefits for members of the Defence Force that came into operation before 1 October 1972 and modifies or affects the provisions of the previous Act.
productivity superannuation benefit
in relation to a member of the scheme, means productivity superannuation benefit payable in respect of the member under the determination made by the Minister under section 52 of the Defence Act 1903.
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 rank
in relation to a member of the Defence Force, means:
  1. his substantive rank or, if he is appointed provisionally or on probation, the rank to which he is so appointed; or
  2. if he is provisionally promoted to another rank—that other rank.
recipient member
means a member of the scheme who is entitled to retirement pay or invalidity pay, and includes:
  1. a member of the scheme who, but for the suspension of his or her invalidity pay under subsection 35(3) or 61D(2), would be entitled to invalidity pay; and
  2. a member of the scheme who, but for the suspension of his or her retirement pay under subsection 61C(1), would be entitled to retirement pay.
Reserve
means:
  1. in relation to a member of the Navy—the Naval Reserve; and
  2. in relation to a member of the Army—the Army Reserve; and
  3. in relation to a member of the Air Force—the Air Force Reserve.
retirement
means retirement as a member of the Defence Force, and includes discharge from the Defence Force, and retire has a corresponding meaning.
retirement pay
means retirement pay payable under section 23.
Rules for the administration of the Superannuation (1990) Scheme
means the rules for the administration of that scheme set out in the Schedule to the deed by which that scheme was established.
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 service
means service as a member of the Defence Force.
service offence
has the same meaning as in the Defence Force Discipline Act 1982.
spouse pension
means pension payable under Division 1 of Part VI.
Superannuation Act
means the Superannuation Act 1976.
Superannuation (1990) Scheme
means the Superannuation Scheme established by deed under the Superannuation Act 1990.
surcharge debt account
in relation to a member of the scheme, means the surcharge debt account kept for the member by the Authority under section 16 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
surcharge deduction amount,
in relation to a member of the scheme to or in respect of whom benefits become payable under this Act, means the surcharge deduction amount that is specified in the determination made by the Authority, under section 6C, in relation to the member.
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 total period of effective service
in relation to a member of the scheme, means, subject to subsections 62(4) and (5):
  1. in the case of a member in relation to whom there is only one period of effective service—that period; or
  2. in the case of a member in relation to whom there are 2 or more periods of effective service—a period equal to the total of those periods.

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