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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 98

Working out the civilian component for an incapacitated Reservist who is incapacitated for work

Working out the civilian component of normal earnings

             (1)  The civilian component for a week for an incapacitated Reservist who is incapacitated for work is the amount worked out using the following formula:

Note:          The civilian component for an incapacitated Reservist who is not incapacitated for work is worked out under section 100.

Civilian daily earnings for those working before the onset of the incapacity

             (2)  The following formula sets out how to work out the civilian daily earnings for an incapacitated Reservist who was engaged in civilian work before the onset date for the incapacity:

Note 1:       The expressions used in this formula are defined in subsection (5).

Note 2:       The Reservist's civilian daily earnings might be adjusted under Part 5.

             (3)  If the incapacitated Reservist was required to work overtime on a regular basis in that work, the civilian daily earnings also include the amount worked out using the following formula:

Note:          The expressions used in this formula are defined in subsection (5).

Civilian daily earnings for those not working

             (4)  The civilian daily earnings for an incapacitated Reservist who was not engaged in civilian work before the onset date for the incapacity is nil.

Definitions

             (5)  In this section:

"allowances" for an incapacitated Reservist for a day means the average amount of allowances (other than expense allowances) paid to the Reservist for a day for his or her civilian work during the example period.

"civilian daily hours" for an incapacitated Reservist means the average number of hours worked each day by the Reservist in his or her civilian work during the example period.

"civilian overtime hours" for an incapacitated Reservist means the average number of hours of overtime worked each day by the Reservist in his or her civilian work during the example period.

"civilian overtime rate of pay" for an incapacitated Reservist means the average hourly overtime rate of pay for the Reservist's overtime in civilian work during the example period.

"civilian rate of pay" for an incapacitated Reservist means the average hourly ordinary time rate of pay for the Reservist's civilian work during the example period.

"example period" has the meaning given by section 99.



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