Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 56

  (1A)   This section does not apply to a person who makes an election under subsection   57AA(1).

  (1)   Where:

  (a)   a person is entitled to standard age retirement pension by virtue of subsection   55(1); and

  (b)   his or her period of contributory service is not less than 30 years;

then, subject to subsections   (2) and (5) of this section, the annual rate of that pension is 50 per centum of his or her final annual rate of salary.

  (2)   Where:

  (a)   a person is entitled to standard age retirement pension by virtue of subsection   55(1); and

  (b)   the person's period of contributory service before attaining the age of 65 years exceeds 30 years;

then, subject to subsection   (5), the annual rate of that pension is:

  (c)   if that period of contributory service consists of 30 complete years and a part of a year--such percentage of the person's final annual rate of salary as is calculated in accordance with the formula:

    ;

    where:

"D" is the number of days included in that part of a year; or

  (d)   if that period of contributory service consists exactly of a number of complete years, or exceeds 40 years--such percentage of the person's final annual rate of salary as, having regard to the number of complete years included in that period, is applicable in accordance with Table 1 in Schedule   1; or

  (e)   if paragraphs   (c) and (d) do not apply--such percentage of the person's final annual rate of salary as, having regard to the number of complete years, and the part of a year, included in that period of contributory service, is calculated in accordance with the formula:

    ;

    where:

"P" is the percentage referred to in paragraph   (d); and

"D" is the number of days included in that part of a year.

  (3)   Where:

  (a)   a person is entitled to a standard age retirement pension by virtue of subsection   55(1); and

  (b)   his or her period of contributory service is less than 30 years;

then, subject to subsection   (5), the annual rate of that pension is:

  (c)   if that period of contributory service consists exactly of a number of complete years--such percentage of the person's final annual rate of salary as, having regard to that number of years, is applicable in accordance with Table 2 in Schedule   1; or

  (d)   if that period of contributory service consists of a number of complete years and a part of a year--such percentage of the person's final annual rate of salary as is ascertained in accordance with the formula:

    ;

    where:

"P" 1 is the percentage referred to in paragraph   (c); and

"D" is the number of days included in that part of a year; and

"P" 2 is equal to:

  (i)   if the person's period of contributory service is not less than 20 years--1; or

  (ii)   if the person's period of contributory service is less than 20 years--2.

  (4)   Where a person is entitled to standard age retirement pension by virtue of subsection   55(2), then, subject to subsection   (5), the annual rate of that pension is:

  (a)   if the person's period of contributory service consists exactly of a number of complete years, or exceeds 40 years--such percentage of the person's final annual rate of salary as, having regard to the person's age on his or her last day of service and to the number of complete years included in the person's period of contributory service, is applicable in accordance with Schedule   2; or

  (b)   if paragraph   (a) does not apply and the person's period of contributory service consists of a number of complete years and of a part of a year--such percentage of the person's final annual rate of salary as is calculated in accordance with the formula:

    ;

    where:

"P" 1 is the percentage referred to in paragraph   (a); and

"D" is the number of days included in that part of a year; and

"P" 2 is such percentage of the person's final annual rate of salary as, having regard to his or her age on his or her last day of service and the number of complete years that would be included in the person's period of contributory service if the part of a year included in it were taken to be a complete year, is applicable in accordance with Schedule   2.

  (5)   If:

  (a)   a person is entitled to standard age retirement pension by virtue of subsection   55(1) or (2); and

  (b)   the person's surcharge debt account is in debit when the pension becomes payable to the person; and

  (c)   the person does not make an election under section   80B or 80C;

the annual rate of the pension is the rate worked out as provided in subsection   80D(1).