Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 77

77. (1) Where the annual rate of salary of a person referred to in section  76
is, on the day on which he again becomes an eligible employee, less than the
annual rate of his retirement salary, he is entitled to a partial
invalidity pension in accordance with this section.

(2) The annual rate of partial invalidity pension to which a person is, at any
time, entitled by virtue of sub-section (1) is-

   (a)  if the annual rate of his salary is, at that time, not less than
        one-half of the annual rate of his retirement salary-an amount per
        annum ascertained in accordance with the formula-

A
-
(C - D)
B
where-

A is-

        (i)    if invalidity pension was payable to the person in accordance
               with section 67 immediately before he became entitled to
               partial invalidity pension-the amount per annum equal to the
               annual rate at which invalidity pension would have been payable
               to him in accordance with section 68 immediately after his
               retirement on the ground of invalidity if he had made an
               election under sub-section 68 (1);

        (ii)   if invalidity pension was payable to the person in accordance
               with section 70 immediately before he became entitled to
               partial invalidity pension-the amount per annum equal to the
               annual rate at which invalidity pension would have been payable
               to him in accordance with section 71 immediately after his
               retirement on the ground of invalidity if he had made an
               election under sub-section 71 (1); or

        (iii)  in any other case-the amount per annum equal to the annual rate
               at which invalidity pension was payable to him immediately
               after his retirement on the ground of invalidity;

B is an amount per annum equal to his final annual rate of salary on the day
that was his last day of service before he became entitled to the
invalidity pension that was payable to him immediately before he became
entitled to partial invalidity pension;

C is an amount per annum equal to the annual rate of his retirement salary;
and

D is an amount per annum equal to his annual rate of salary; or

   (b)  if the the annual rate of his salary is, at that time, less than
        one-half of the annual rate of his retirement salary-such annual rate
        as the Commissioner, in his discretion, determines, being an annual
        rate not less than the rate that would be payable to the person if
        paragraph (a) applied to him.

(3) Upon the annual rate of salary of a person to whom partial invalidity
pension is payable in accordance with this section becoming equal to or
greater than the annual rate of his retirement salary, his entitlement to that
pension is, by force of this sub-section, cancelled.

(4) Upon a person to whom partial invalidity pension is payable in accordance
with this section ceasing to be an eligible employee, his entitlement to that
pension is, by force of this sub-section, cancelled.

(5) Subject to sub-section (6), a reference in this section to the annual rate
of the retirement salary of a person to whom sub-section (1) applies shall be
read as a reference to the rate that was his annual rate of salary immediately
before he last ceased to be an eligible employee.

(6) Where at any time the Commissioner, having regard to any changes in rates
of remuneration which have occurred since the retirement of a person referred
to in sub-section (5) and which the Commissioner considers to be relevant, is
of the opinion that the annual rate of the retirement salary of the person
should, for the purposes of this section, be a rate other than the rate
referred to in sub-section (5) or a rate specified by the Commissioner in a
previous determination made under this sub-section, the Commissioner may
determine that, for the purposes of this section, the annual rate of the
retirement salary of the person shall, from the date of the determination or
such other date as is specified in the determination, be deemed to be such
rate as is specified in the determination.

(7) Subject to sub-section (8), a reference in the preceding provisions of
this section to the annual rate of the salary of a person to whom sub-section
(1) applies shall, notwithstanding any change in that rate of salary, be read
as a reference to the rate that was his annual rate of salary on the day on
which he again became an eligible employee.

(8) Where at any time the Commissioner, having regard to any changes in the
annual rate of salary of a person referred to in sub-section (7) which have
occurred since he again became an eligible employee and which the Commissioner
considers to be relevant, is of the opinion that the annual rate of salary of
the person should, for the purposes of this section, be a rate other than the
rate referred to in sub-section (7) or a rate specified by the Commissioner in
a previous determination made under this sub-section, the Commissioner may
determine that, for the purposes of this section, the annual rate of the
salary of the person shall, from the date of the determination or such other
date as is specified in the determination, be deemed to be such rate as is
specified in the determination.