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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 114

Working out reserve pay

Reserve pay for persons who were part - time Reservists

  (1)   The reserve pay for a week for an incapacitated Reservist who was a part - time Reservist before beginning his or her last period of continuous full - time service is worked out using the following formula:

Start formula open bracket Reservist's reserve days for the week times Reservist's rate of pay for a day close bracket plus open bracket Reservist's pay-related allowance days for the week times Reservist's amount of pay-related allowances for a day close bracket end formula

Note:   The expressions used in this formula are defined in subsection   (4).

  (2)   The Chief of the Defence Force must advise the Commission in writing of the date on which each compensable pay - related allowance would normally have ceased to be paid to the Reservist if the Reservist were not incapacitated for service.

Reserve pay for persons who were not part - time Reservists

  (3)   The reserve pay for a week for an incapacitated Reservist who was not a part - time Reservist before beginning his or her last period of continuous full - time service is nil.

Definitions

  (4)   In this section:

"amount of pay-related allowances" for an incapacitated Reservist for a day means the total amount of compensable pay - related allowances that would have been paid to the Reservist for the day if the Reservist were not incapacitated for service.

Note:   The Reservist's pay - related allowances might be adjusted under Part   5.

"compensable pay-related allowance" for an incapacitated Reservist means a pay - related allowance:

  (a)   that was being paid to the Reservist immediately before the Reservist began his or her last period of continuous full - time service; or

  (b)   that would be paid to the Reservist because the Reservist is promoted, as mentioned in paragraph   186(2)(b).

"example period" for an incapacitated Reservist means:

  (a)   the latest period of one year:

  (i)   during which the Reservist was a part - time Reservist; and

  (ii)   ending before the Reservist began his or her last period of continuous full - time service; or

  (b)   such other period that the Commission determines is reasonable.

"pay-related allowance days" for an incapacitated Reservist for a week means the average number of days (if any) served each week during the example period for which the Reservist was paid a pay - related allowance.

"rate of pay" for an incapacitated Reservist for a day means the amount of pay that the Reservist would have been paid for the day as a part - time Reservist if the Reservist were not incapacitated for service.

Note:   The Reservist's rate of pay might be adjusted under Part   5.

"reserve days" for an incapacitated Reservist for a week means the average number of days (if any) served each week during the example period for which the Reservist was paid as a part - time Reservist.


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