RCB UPDATE 3/2019 – AND THE BEAT GOES ON

This is an Update on activities reported in Update 2/2019

Legal Conference

Arising from the telephone conference meeting with our barrister it was decided that as there will likely be a new Minister after the election we need to put our case to that person afresh before taking the legal path. This is because the courts would not take kindly to suing somebody who has previously had nothing to do with the decisions against us. To that end our legal team is preparing a brief for the incoming Minister.

National Media Exposure

In the meantime we are continuing our preparations with a national media organisation to expose our claim to the Australian people. No action will commence until we have a decision on the legal advice

Defence Force Retirement & Death Benefit – Commutation issue – A Summary

We continue to monitor it because it is a good example of the power of national media to influence the Government and we can learn valuable lessons from this inquiry.  The timing for the independent inquiry is to be decided after the commencement of the 46th Parliament. The so called independent body is to be the Commonwealth Ombudsman: this decision has been criticised as not being independent of Government.

That Moment of Truth – The Meetings – Update 1/2019

In that Update we reported:

“A week after our return to Brisbane we sent an RCB Brief of the matter to the Minister and Ted Chitham wrote him a personal letter appealing to his decency in decision making and the need to act. We are still waiting for a response for continuation of the unfinished meeting or a decision.”

Today (15th May 2019) the RCBRG received a letter from the Vice Chief of the Defence Force Vice Admiral David Johnston AO, RAN in which he thanked us for our correspondence: Letter of 5th December 2018 to Minister Chester, Letter of 21st February 2019 to Minister Chester, Emails of 26th February 2019 to Minister Payne and Sen Fawcett, and Letter of 22nd March 2019 to Minister Chester; and counters our claims with reasons that are challengeable. Again he repeats this sentence: “In the absence of compelling new evidence the Department of Defence does not intend to examine this matter further.”

Faced with this continuing avoidance to meet with us (refer to the 26thNovember 2018 meeting fiasco) no wonder that we persist with our claim to obtain justice through other channels

Thanks all for your support, suggestions, comments and donations: they are greatly appreciated. I can assure you all of the outstanding dedication of the RCBRG that remains resolute in its determination to pursue our claim.

Prior Planning, Persistence, Patience and Perseverance Prevents Poor Performance

Robert Cross
RCB Service 1973, 1974/75, 1982
RCB Group Leader
Date: 17/05/2019

Share this:

Comments

  1. Sydney Ellis says

    Sydney L Ellis
    Army No. 38003
    May 63 to May 83.
    I am led to believe from an E-Mail from ComSuper that a spouse is not automatically ensured of getting the 5/8 of the pension. I always believed that it was automatic. Is anything being done about this? Thanking you for your service.

  2. Butch Mathew says

    The soft cocks ,will try to hold out ,against the deserved pensions & medical treatment of fair dinkum, diggers

  3. so the same old shit ,shut the door in your face !!??

  4. Raymind d. Clements says

    AS ABOVE!!??

  5. Bruce Murray says

    Hi Sydney,

    I served 23 years in the Navy and took my discharge and DFRDB pension in January 1988.

    I have my original Defence Force Retirement and Death Benefits Scheme brochure entitled “Widows’, Widowers’, and Children’s Benefits” dated December 1985 and it states:

    The Benefits –

    #11. An eligible widow of a member who dies in service receives a pension, FOR LIFE, based on five-eights, of 76.5% of the member’s annual pay for DFRDB purposes at the time of death. It shows an example.

    The next paragraph may be more applicable to you.

    An eligible widow of a member who dies whilst in receipt of, or eligible to receive, retirement pay, invalidity pay or a deferred pension benefit, receives a pension, FOR LIFE, based on five-eights, of the member’s pension at the date of death. Again, it shows an example.

    #12. If a retired member had commuted a portion of his annual pension to a lump sum, the pensions payable to eligible dependants are based on the pension the member would have been receiving had he not commuted.

    This brochure also covers dependant children and what the executor/spouse needs to do.
    It does not state that the widow needs to make an application for the reversionary pension but, it is a Government Department and as you probably know they need their application form, and the normal 20 pieces of evidence. That may be the reason they have said the spouse’s pension is not automatic.

    If you go on the website http://www.csc.gov.au , click on drop down box at the top centre of the screen, click on DFRDB, then on Fact sheets, scroll down and click on DB01 DFRDB Dependant’s benefits, it will display the current benefits.

    I hope this is helpful to you.

    Bruce Murray

  6. Sydney Ellis says

    Thank you Bruce. It certainly does help. You have a good day.

Speak Your Mind

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.