Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 5

5. (1) Section 5 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

"(1) In this section, 'salary' means salary or wages and includes any
allowance, or the value of any allowance, or any fee, that is an allowance or
fee of a kind that, under the regulations, is to be treated as salary for the
purposes of this Act, but does not include any part of any salary or wages
that, under the regulations, is not to be treated as salary for the purposes
of this Act.";

   (b)  by omitting from sub-section (2) "sub-section (3)" and substituting
        "sub-sections (3), (3A), (3B) and (3C)";

   (c)  by inserting after sub-section (3) the following sub-sections:

"(3A) Where, immediately before a person ceased or last ceased to be an
eligible employee, the person was entitled to partial invalidity pension under
section 77 or 78, the annual rate of salary payable to the person immediately
before the person so ceased or last so ceased shall, for the purposes of this
Act, other than sections 77 and 78-

   (a)  in a case where that entitlement was an entitlement under section  77
        -be taken, subject to sub-section (3B), to be the amount per annum
        that would have been the person's final annual rate of salary on the
        occasion on which the person ceased or last ceased to be an eligible
        employee that preceded the person's becoming so entitled to that
        partial invalidity pension; or

   (b)  in a case where that entitlement was an entitlement under section  78
        -be taken, subject to sub-section (3C), to be the amount per annum
        that would, if the person had ceased to be an eligible employee on the
        day immediately preceding the day on which the person became so
        entitled to that partial invalidity pension, have been the person's
        final annual rate of salary on the occasion of the person's so
        ceasing.

"(3B) Where at any time the Commissioner, having regard to any changes in
rates of remuneration which have occurred since the occasion on which a person
referred to in paragraph (3A) (a) ceased to be an eligible employee that
preceded the person's becoming entitled to partial invalidity pension under
section 77 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 Act, be a rate other than the rate referred to in sub-section (3A) 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 Act, other than sections 77 and 78, the annual rate of salary payable to
the person shall, from the day of the determination or such other day as is
specified in the determination, be deemed to be such rate as is specified in
the determination.

"(3C) Where at any time the Commissioner, having regard to any changes in
rates of remuneration which have occurred since a person referred to in
paragraph (3A) (b) became entitled to partial invalidity pension 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 Act, be a rate other
than the rate referred to in sub-section (3A) 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 Act, other than
sections 77 and 78, the annual rate of salary payable to the person shall,
from the day of the determination or such other day as is specified in the
determination, be deemed to be such rate as is specified in the
determination."; and

   (d)  by omitting from sub-section (4) "sub-section (2)" and substituting
        "this section".

(2) Regulations in force at the commencement of this section for the purposes
of sub-section 5 (1) of the Principal Act continue in force as if made for the
purposes of sub-section 5 (1) of the Principal Act as amended by this Act.