Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 84

             (1)  Subject to this Part, if the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of the half-year immediately preceding a prescribed half-year exceeds the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of any earlier half-year, not being a half-year earlier than the half-year that commenced on 1 July 1985, a person who was in receipt of a pension immediately before the commencement of that prescribed half-year is entitled, at the commencement of that prescribed half-year, to an increase, as ascertained in accordance with this section, in the rate at which the pension was payable to him immediately before the commencement of that prescribed half-year.

             (2)  The increase provided for by subsection (1) in the rate at which a pension was payable to a person immediately before the commencement of a prescribed half-year is the prescribed percentage, ascertained in accordance with subsection (3), of that rate.

             (3)  For the purposes of this section, the prescribed percentage, in relation to a prescribed half-year, is the percentage that represents A-B expressed as a percentage of B, where:

                       A  is the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of the half-year immediately preceding the prescribed half-year; and

                       B  is the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of any half-year earlier than the half-year immediately preceding the prescribed half-year but not being earlier than the half-year that commenced on 1 July 1985.

             (4)  Where, by reason of the death on 30 June or 31 December (as the case requires) immediately preceding the commencement of a prescribed half-year of a person in receipt of pension that became payable to him upon his retirement, including pension that became payable by reason of the invalidity of the person or of his physical or mental incapacity to perform his duties, a pension becomes payable, on the following day, to another person, that other person shall be entitled, at the commencement of that prescribed half-year, to such an increase in the rate of that pension as he would have been entitled to had the pension become payable to him on that 30 June or 31 December (as the case requires).