Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 173

Working out reserve pay

Reserve pay for persons who were part - time Reservists

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

Start formula open bracket Person's reserve days for the week times Person's rate of pay for a day close bracket plus open bracket Person's pay-related allowance days for the week times Person'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 person if:

  (a)   the person were still a part - time Reservist; and

  (b)   the person were not incapacitated for service.

Reserve pay for persons who did not serve as part - time Reservists

  (3)   The reserve pay for a week for an incapacitated Reservist who was not serving as a part - time Reservist immediately 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 person for a day means the total amount of compensable pay - related allowances that would have been paid to the person for the day if:

  (a)   the person were still a part - time Reservist; and

  (b)   the person were not incapacitated for service.

Note:   The person's pay - related allowance might be adjusted under Part   5.

"compensable pay-related allowance" for an incapacitated person means a pay - related allowance that was being paid to the person immediately before beginning his or her last period of continuous full - time service.

"example period" for an incapacitated person is:

  (a)   the latest period of one year:

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

  (ii)   ending before the person 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 person for a week means the average number of days (if any) served each week during the example period for which the person was paid a pay - related allowance.

"rate of pay" for a person for a day means the amount of pay that the person would have been paid for the day as a member of the Reserves if:

  (a)   the person were still a part - time Reservist; and

  (b)   the person were not incapacitated for service.

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

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback