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1988 No. 275 SUPERANNUATION (EXISTING INVALIDITY PENSIONERS) REGULATIONS - SCHEDULE 1
SCHEDULE 1
Subregulation 4 (2) MODIFICATIONS OF THE PROVISIONS OF THE ACT IN THE
APPLICATION OF THOSE PROVISIONS TO AND IN RELATION TO CERTAIN PERSONS REFERRED
TO IN REGON 180 OF
THE ACT WHO BECOME ELIGIBLE EMPLOYEES
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Modifications
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-- Section
3 Omit from the definition of "accumulated basic contributions" in
subsection (1) "had previously ceased to be an eligible employee on an
occasion earlier than his first day of service", substitute ", immediately
before his or her first day of service, was an existing invalidity pensioner"
Insert in the definition of "age retirement pension" in subsection (1) ",
subsection 223 (2) or 224 (2) or section 227" after "Part V" Insert in the
definition of "early retirement pension" in subsection (1) "or under section
228" after "Part V" Omit from paragraph (f) of the definition of "eligible
employee" in subsection (1) "to whom, immediately before becoming a temporary
employee or the holder of that office, invalidity pension was payable",
substitute "who, immediately before becoming a temporary employee or the
holder of that office, was an existing invalidity pensioner" Insert in the
definition of "invalidity pension" in subsection (1) "or subsection 223 (3) or
224 (3)" after "Part V" Omit the definition of "period of contributory
service" in subsection (1), substitute the following definition:
" 'period of contributory service', in relation to a person who has ceased to
be an eligible employee and has not, at any time before ceasing to be an
eligible employee, been an approved part-time employee, means the aggregate of
any of the following periods that are applicable to that person:
(a) the period commencing on his or her first day of service and ending on
his or her last day of service, less any period during that period
when the person was on leave of absence without pay and in respect of
which subsection 51 (1) applies;
(b) the period during which a relevant pension was payable to the person
or would, but for the pension having been suspended, have been
payable;
(c) any period that is, in relation to the person, a prescribed period of
service under section 233;
(d) any period that is, in relation to the person, an additional period of
service under section 234;" Add at the end of paragraph (a) of the
definition of "period of contributory service" in subsection (1), with
effect from and including 28 November 1978 "or was absent from duty
and in respect of which subsection 51A (1) applies" Insert in the
definition of "spouse's pension" in subsection (1) "or section 225"
after "Part VI" Insert in subsection (1) the following definitions:
" 'Board' means the Superannuation Board established by the superseded Act;
'existing Fund' means the Superannuation Fund established by the superseded
Act;
'existing invalidity pensioner' means a person to whom a relevant pension is
payable or would, but for the pension having been suspended, be payable;
'previous entitlement day' in relation to a person who has been an existing
invalidity pensioner, means the day on which the person became entitled, or,
if he or she became entitled on more than one occasion, last became entitled,
to a relevant pension;
'relevant pension' means a pension of a kind referred to in section 64A or
section 65 of the superseded Act as in force immediately before the repeal of
that section (other than a deferred benefit by way of a pension referred to in
subsection 64A (1) of the superseded Act as so in force);"
7A Omit subsection (1), substitute the following subsection:
"(1) Where:
(a) a person, being an existing invalidity pensioner, becomes an eligible
employee; and
(b) the person's entitlement to a relevant pension is cancelled under
subsection 76 (1); then, upon the person ceasing to be an eligible
employee, there shall be added to the amount that, but for this
subsection, would be the amount of his or her accumulated basic
contributions an amount equal to the amount deemed to be paid to the
Fund under subsection 112 (5) in respect of the person upon his or her
becoming an eligible employee, together with the amount of any
interest that, in accordance with the regulations, is payable in
respect of the amount."
55 Omit from subsection (1) "then, subject to sub-section (3) of this
section," Omit from paragraph (1) (a) "or (3)", substitute ", (3), 223 (2) or
224 (2)" Omit from subsection (2) "sub-sections (2A) and (3)", substitute
"subsection (2A)" Insert in paragraph (2) (a) "or section 227" after
"sub-section 56 (4)" Omit subsection (3)
56 Omit subsection (1), substitute the following subsections:
"(1) Where:
(a) a person is entitled to standard age retirement pension by virtue of
subsection 55 (1); and
(b) either:
(i) the person became an employee for the purposes of the
superseded Act before 14 December 1959 and did not, after
becoming such an employee, cease at any time before the day
preceding his or her previous entitlement day to be such an
employee; or
(ii) the person became such an employee on or after that date and
his or her period of contributory service is not less than 20
years;
then, subject to subsection (2) and except where subsection 223 (2) or 224 (2)
applies, the annual rate of that pension is 50% of the person's final annual
rate of salary.
"(1A) For the purposes of subparagraph (1) (b) (i), where at any time before
his or her previous entitlement day:
(a) a person had ceased to be an employee for the purposes of the
superseded Act by reason of retirement on the ground of invalidity or
physical or mental incapacity to perform his or her duties;
(b) that person had, upon ceasing to be such an employee, become entitled
to a relevant pension;
(c) that person again became an employee for the purposes of the
superseded Act; and
(d) the pension referred to in paragraph (b) was cancelled under
subsection 65 (3) of the superseded Act upon his or her again becoming
such an employee;
that person shall be deemed not to have ceased during the period of his or her
retirement to be an employee." Insert in subsection (2) "then, except where
subsection 223 (2) or 224 (2) applies," immediately before "the annual rate of
that pension" Omit subsections (3) and (4), substitute the following
subsections:
"(3) Where:
(a) a person became an employee for the purposes of the superseded Act on
or after 14 December 1959;
(b) the person is entitled to standard age retirement pension by virtue of
sub-section 55 (1); and
(c) the person's period of contributory service is less than 20 years;
then, except where subsection 223 (2) or 224 (2) applies, the annual rate of
that pension is an amount per annum equal to the sum of $1,300 and such
percentage of the amount by which the person's final annual rate of salary
exceeds $2,600 as, having regard to the number of complete years included in
that period of contributory service, is applicable in accordance with Table 2
in Schedule 1.
"(4) Where a person, other than a prescribed person (within the meaning of
Division 9 of Part XII) to whom section 227 applies, is entitled to standard
age retirement pension by virtue of subsection 55 (2), the annual rate of that
pension is the amount per annum of the standard age retirement pension that
would be payable to the person under this Act if the person's age on his or
her last day of service had been 65 years, reduced by 2% of that amount for
each year, or part of a year, included in the period commencing on the day
immediately following his or her last day of service and ending on the day on
which the person will attain the age of 65 years."
58 Omit paragraph (4) (b)
59 Insert in paragraph (a) "or section 228" after "section 60"
60 Insert "other than a prescribed person (within the meaning of
Division 9 of Part XII) to whom section 228 applies" after "Where a person"
62 Omit from subsection (2) all words from and including "payment of",
substitute:
"payment of:
(a) a lump sum benefit of an amount equal to 31/2 times the amount of his
or her accumulated basic contributions, together with the amount of
his or her accumulated supplementary contributions (if any); or
(b) where the person is a person in relation to whom sections 119H and
119J of the superseded Act applied-a lump sum benefit of an amount
equal to the sum of:
(i) the amount (in this paragraph referred to as the 'relevant
amount') paid in respect of the person to the Board or
Commissioner under section 119J of the superseded Act together
with the amount of interest that, in accordance with the
regulations, would be payable in respect of the relevant amount
if it were to be deemed to be an amount of basic contributions
paid by the person under this Act on his or her first day of
service;
(ii) an amount equal to 31/2 times the amount that would be the
amount of his or her accumulated basic contributions if the
amount paid into the Fund in respect of the person in
accordance with subsection 180 (4) of this Act had been reduced
by an amount equal to so much of the relevant amount as was
paid by the Board to the existing Fund, or by the Commissioner
to the Fund, in accordance with section 119J of the superseded
Act; and
(iii) the amount of the person's accumulated supplementary
contributions (if any)." Insert after subsection (2) the
following subsection:
"(2A) Where a person makes an election under subsection (1) and a
non-contributory unit of pension was applicable in relation to the person
under the superseded Act immediately before his or her previous entitlement
day, the person is entitled, in addition to any payment to which he or she is
entitled under subsection (2), to payment of a lump sum benefit of an amount
equal to 21/2 times the amount of the contributions that, under the superseded
Act, would have been paid to the Fund by the person in respect of that unit of
pension if the person had contributed for that unit of pension from the date
on which the unit became applicable in relation to the person as a
non-contributory unit at the fortnightly rate (being a rate based on a
retiring age of 65 years) specified:
(a) in the case of a male person who elected under subsection 26 (3) of
the superseded Act that section 26 of that Act should not apply to
him-in column 2 of Schedule 2A;
(b) in the case of any other male person-in column 3 of that Schedule; and
(c) in the case of a female person-in column 4 of that Schedule;
opposite to the age specified in column 1 of that Schedule that was the age of
the person at the last-mentioned date."
66 Omit from subsection (1) "sub-sections (3), (3A) and (4) of this
section and to" Insert in paragraph (1) (a) "or subsection 223 (3) or 224 (3)"
after "section 67" Omit from paragraph (1) (a) "that section", substitute
"section 67" Omit paragraph (1) (b), substitute the following paragraph:
"(b) if the person makes an election under section 68-to invalidity pension in
accordance with section 68 or subsection 223 (3) or 224 (3) and a lump sum
benefit in accordance with section 68; or" Omit from subsection (2)
"sub-sections (3), (3A) and (4) of this section and" Omit subsection (4)
67 Insert in subsection (1) ", not being a prescribed person (within
the meaning of Division 9 of Part XII) to whom section 223 or 224 applies,"
after "person" Omit subsection (2), substitute the following subsections:
"(1A) Where a person to whom this section applies is a person who became an
employee for the purposes of the superseded Act before 14 December 1959 and
did not, after becoming such an employee, cease at any time before the day
preceding his or her previous entitlement day to be such an employee, then,
subject to subsection (3), the annual rate of the pension to which the person
is entitled is 70% of that person's final annual rate of salary.
"(1B) For the purposes of subsection (1A), where at any time before his or her
previous entitlement day:
(a) a person had ceased to be an employee for the purposes of the
superseded Act by reason of retirement on the ground of invalidity or
physical or mental incapacity to perform his or her duties;
(b) that person had, upon ceasing to be such an employee, become entitled
to a relevant pension;
(c) that person again became an employee for the purposes of the
superseded Act; and
(d) the relevant pension was cancelled under subsection 65 (3) of the
superseded Act upon the person's again becoming such an employee;
that person shall be deemed not to have ceased during the period of his or her
retirement to be an employee.
"(2) Where a person to whom this section applies is a person who became an
employee for the purposes of the superseded Act on or after 14 December 1959,
then, subject to subsection (3), the annual rate of the pension to which the
person is entitled is:
(a) if the period of prospective service of the person is not less than 20
years-70% of that person's final annual rate of salary; or
(b) if the period of prospective service of the person is less than 20
years-an amount per annum equal to the sum of $1,820 and such
percentage of the amount by which that person's final annual rate of
salary exceeds $2,600 as, having regard to the number of complete
years included in the person's period of prospective service, is
applicable in accordance with columns 1 and 2 of Schedule 4." Insert
in subsection (3) "then, except where subsection 223 (3) or 224 (3)
applies" after "31 years" Omit subsection (4)
68 Omit subsection (2), substitute the following subsections:
"(1A) Where a person who makes an election under subsection (1) is a person
who became an employee for the purposes of the superseded Act before 14
December 1959 and did not, after becoming such an employee, cease at any time
before the day preceding his or her previous entitlement day to be such an
employee, then, subject to subsection (3) and except where subsection 223 (3)
or 224 (3) applies, the annual rate of the pension to which the person is
entitled is 50% of that person's final annual rate of salary.
"(1B) For the purposes of subsection (1A), where at any time before his or her
previous entitlement day:
(a) a person had ceased to be an employee for the purposes of the
superseded Act by reason of retirement on the ground of invalidity or
physical or mental incapacity to perform his or her duties;
(b) that person had, upon ceasing to be such an employee, become entitled
to a relevant pension;
(c) that person again became an employee for the purposes of the
superseded Act; and
(d) the relevant pension was cancelled under subsection 65 (3) of the
superseded Act upon the person's again becoming such an employee;
that person shall be deemed not to have ceased during the period of his or her
retirement to be an employee.
"(2) Where a person who makes an election under subsection (1) is a person who
became an employee for the purposes of the superseded Act on or after 14
December 1959, then, subject to subsection (3) and except where subsection 223
(3) or 224 (3) applies, the annual rate of the pension to which the person is
entitled is:
(a) if the period of prospective service of the person is not less than 20
years-50% of that person's final annual rate of salary; or
(b) if the period of prospective service of the person is less than 20
years-an amount per annum equal to the sum of $1,300 and such
percentage of the amount by which that person's final annual rate of
salary exceeds $2,600 as, having regard to the number of complete
years included in that period of prospective service, is applicable in
accordance with columns 1 and 3 of Schedule 4." Insert in subsection
(3) "then, except where subsection 223 (3) or 224 (3) applies" after
"31 years" Omit subsection (4)
69 Omit paragraph (2) (a), substitute the following paragraph:
"(a) an amount equal to:
(i) 31/2 times the person's accumulated basic contributions,
together with the amount of his or her accumulated
supplementary contributions (if any); or
(ii) where the person is a person in relation to whom sections 119H
and 119J of the superseded Act applied, the sum of:
(A) the amount (in this paragraph referred to as the
'relevant amount') paid in respect of the person to the
Board or Commissioner under section 119J of the
superseded Act together with the amount of interest that,
in accordance with the regulations, would be payable in
respect of the relevant amount if it were to be deemed to
be an amount of basic contributions paid by the person
under this Act on his or her first day of service;
(B) an amount equal to 31/2 times the amount that would be
the amount of the person's accumulated basic
contributions if the amount paid into the Fund in respect
of the person under subsection 180 (4) had been reduced
by an amount equal to so much of the relevant amount as
was paid by the Board to the existing Fund, or by the
Commissioner to the Fund, in accordance with section 119J
of the superseded Act; and (C) the amount of the person's
accumulated supplementary contributions (if any); or"
70 Omit subsections (2), (3) and (4), substitute the following
subsection: "(2) The annual rate of the pension to which a person to whom this
section applies is entitled is an amount per annum ascertained by multiplying:
(a) except where paragraph (b) applies-an amount equal to 70% of that
person's final annual rate of salary; or
(b) where the person is a person to whom section 223 or 224 applies-an
amount equal to the annual rate of the pension to which the person
would be entitled under subsection 223 (3) or 224 (3), as the case may
be, if the period of prospective service of the person was not less
than 20 years and the person was entitled to invalidity benefit by
virtue of subsection 66 (1) and did not make an election under section
68 or 69; by such factor as, having regard to the number of complete
years included in the person's period of contributory service, is
applicable in accordance with Schedule 7."
71 Omit subsections (2), (3) and (4), substitute the following
subsection: "(2) Where a person makes an election under subsection (1), the
annual rate of the pension to which the person is entitled is an amount per
annum ascertained by multiplying:
(a) except where paragraph (b) applies-an amount equal to 50% of that
person's final annual rate of salary; or
(b) where the person is a person to whom section 223 or 224 applies-an
amount equal to the annual rate of the pension to which the person
would be entitled under subsection 223 (3) or 224 (3), as the case may
be, if the period of prospective service of the person was not less
than 20 years and the person was entitled to invalidity benefit by
virtue of subsection 66 (1) and made an election under section 68; by
such factor as, having regard to the number of complete years included
in the person's period of contributory service, is applicable in
accordance with Schedule 7."
72 Omit paragraph (2) (a), substitute the following paragraph:
"(a) an amount equal to:
(i) 31/2 times the person's accumulated basic contributions,
together with the amount of his or her accumulated
supplementary contributions (if any); or
(ii) where the person is a person in relation to whom sections 119H
and 119J of the superseded Act applied, the sum of:
(A) the amount (in this paragraph referred to as the
'relevant amount') paid in respect of the person to the
Board or Commissioner under section 119J of the
superseded Act together with the amount of interest that,
in accordance with the regulations, would be payable in
respect of the relevant amount if it were to be deemed to
be an amount of basic contributions paid by the person
under this Act on his or her first day of service;
(B) an amount equal to 31/2 times the amount that would be
the amount of the person's accumulated basic
contributions if the amount paid into the Fund in respect
of the person under subsection 180 (4) had been reduced
by an amount equal to so much of the relevant amount as
was paid by the Board to the existing Fund, or by the
Commissioner to the Fund, in accordance with section 119J
of the superseded Act; and (C) the amount of the person's
accumulated supplementary contributions (if any); or"
73 Omit paragraph (2) (a), substitute the following paragraph:
"(a) an amount equal to:
(i) 31/2 times the person's accumulated basic contributions,
together with the amount of his or her accumulated
supplementary contributions (if any); or
(ii) where the person is a person in relation to whom sections 119H
and 119J of the superseded Act applied, the sum of:
(A) the amount (in this paragraph referred to as the
'relevant amount') paid in respect of the person to the
Board or Commissioner under section 119J of the
superseded Act together with the amount of interest that,
in accordance with the regulations, would be payable in
respect of the relevant amount if it were to be deemed to
be an amount of basic contributions paid by the person
under this Act on his or her first day of service;
(B) an amount equal to 31/2 times the amount that would be
the amount of the person's accumulated basic
contributions if the amount paid into the Fund in respect
of the person under subsection 180 (4) had been reduced
by an amount equal to so much of the relevant amount as
was paid by the Board to the existing Fund, or by the
Commissioner to the Fund, in accordance with section 119J
of the superseded Act; and (C) the amount of the person's
accumulated supplementary contributions (if any); or"
74 Omit from subsection (6) "or 108 (1)", substitute ", 108 (1) or 229
(1)"
76 Omit the section, substitute the following section:
Cancellation of invalidity pension-subsequent entitlement
"76. (1) Upon an existing invalidity pensioner becoming an eligible employee,
his or her entitlement to a relevant pension is, by force of this subsection,
cancelled.
"(2) Where an eligible employee referred to in subsection (1) ceases to be an
eligible employee before attaining his or her maximum retiring age by reason
of death or retirement on the ground of invalidity, the annual rate of any
pension that becomes payable under this Act to or in respect of the person
upon or after his or her so ceasing to be an eligible employee shall be not
less than:
(a) in the case of pension payable to the person:
(i) the rate at which the relevant pension referred to in
subsection (1) would have been payable to the person if he or
she had not become an eligible employee; or
(ii) if a lesser rate is applicable in relation to the person under
the regulations-that lesser rate; and
(b) in the case of pension payable in respect of the person:
(i) the rate at which that pension would have been payable in
respect of the person if he or she had not become an eligible
employee; or
(ii) if a lesser rate is applicable in relation to the person under
the regulations-that lesser rate."
77 Omit from subsection (1) "again"
Omit paragraph (2) (a), substitute the following paragraph:
"(a) if the annual rate of his or her salary is, at that time, not less than
one half of the annual rate of his or her retirement salary-an amount per
annum
ascertained in accordance with the formula
A (C-D)
--------
B where:
A is the amount of the non-contributory portion (within the meaning of the
superseded Act) of the annual rate of the relevant pension to which the person
became entitled on his or her previous entitlement day;
B is an amount per annum equal to the annual amount of his or her salary for
the purposes of section 20 of the superseded Act immediately before his or her
previous entitlement day;
C is an amount per annum equal to the annual rate of his or her retirement
salary; and
D is an amount per annum equal to his or her annual rate of salary; or" Omit
from subsection (5) "his annual rate of salary immediately before he last
ceased to be an eligible employee", substitute "the annual amount of his or
her salary for the purposes of section 20 of the superseded Act immediately
before his or her previous entitlement day" Omit from subsection (7) "again"
Omit from subsection (8) "again"
78 Insert in paragraph (2) (a) "or subsection 223 (3) or 224 (3)" after
"section 68"
80 Omit from paragraph (1) (b) "or under Division 3 of Part IX",
substitute ", under Division 3 of Part IX or under Division 9 of Part XII"
Omit subsections (2) and (3), substitute the following subsections:
"(2) Where:
(a) a person who is an existing invalidity pensioner becomes an eligible
employee; and
(b) the person:
(i) subsequently ceases to be an eligible employee otherwise than
because of death; and
(ii) does not at that time become entitled to benefit under Division
1, 2 or 4 of this Part, under Division 3 of Part IX or under
Division 9 of Part XII; then, subject to subsection (3), the
person is entitled to a lump sum benefit of an amount equal to
the difference between:
(c) the amount of the person's accumulated contributions; and
(d) the amount paid to the Fund in respect of the person under subsection
180 (4).
"(3) A person to whom subsection (2) applies is not entitled to any benefit
under this section if the amount referred to in paragraph (2) (d) in relation
to the person is equal to or exceeds the person's accumulated contributions."
81 Insert in paragraph (1) (a) "or subsection 225 (2)" after "section
82" Omit from paragraph (1) (a)"that section", substitute "section 82" Omit
paragraph (1) (b), substitute the following paragraph:
"(b) if the spouse makes an election under section 83-to spouse's pension in
accordance with section 83 or subsection 225 (2) and a lump sum benefit in
accordance with section 83; or" Omit subsection (4)
82 Insert in subsection (1) ", not being a deceased prescribed eligible
employee (within the meaning of section 225)," after "employee" Omit from
subsection (2) "section 67", substitute "this Act" Omit from subsection (2)
"in accordance with that section", substitute "by virtue of subsection 66 (1)
and had not made an election under section 68 or 69"
83 Omit from subsection (2) "sub-section (1) of this section",
substitute "subsection (1) then, except where subsection 225 (2) applies" Omit
from subsection (2) "section 68", substitute "this Act" Insert in subsection
(2) "by virtue of subsection 66 (1)" after "invalidity benefit" Omit from
subsection (2) "that section", substitute "section 68"
84 Insert in subsection (1) "or subsection 225 (2)" after "section 82"
89 Insert in paragraph (1) (a) "or subsection 225 (3)" after "section
90" Omit subsection (2)
90 Omit from subsection (1) "sub-section (2) of this section",
substitute "subsection (2) and except where subsection 225 (3) applies" Insert
in subsection (1) "or Division 9 of Part XII" after "section 56"
93 Insert in paragraph (1) (a) "or subsection 225 (4)" after "section
94" Insert in subsection (2) "or subsection 225 (5)" after "section 96"
94 Omit from subsection (1) "sub-section (2) of this section",
substitute "subsection (2) and except where subsection 225 (4) applies"
96 Omit from subsection (1) "sub-section 93 (2)", substitute
"subsection 93 (2) then, except where subsection 225 (5) applies"
97 Add at the end of paragraph (1) (a) "and"
Omit paragraph (1) (b) Insert in subsection (4) "or Division 9 of Part XII"
after "section 56"
98 Add at the end of paragraph (1) (a) "and"
Omit paragraph (1) (b) Omit from paragraph (4) (a) "section 67", substitute
"this Act" Omit from paragraph (4) (a) "pension in accordance with that
section", substitute "benefit by virtue of subsection 66 (1) and had not made
an election under section 68 or 69" Omit from paragraph (4) (b) "section 68",
substitute "this Act" Insert in paragraph (4) (b) "by virtue of subsection 66
(1)" after "invalidity pension" (last occurring) Omit from paragraph (4) (b)
"that section", substitute "section 68"
99 Omit from paragraph (1) (b) "but not less than one year"
101 Omit paragraph (1) (c)
102 Insert in subsection (3) "or Division 9 of Part XII" after "section
56"
103 Insert in paragraph (1) (a) "or subsection 225 (2)" after "section
82 or 83" Omit from paragraph (3) (a) "section 67", substitute "this Act" Omit
from paragraph (3) (a) "pension in accordance with that section", substitute
"benefit by virtue of subsection 66 (1) and had not made an election under
section 68 or 69" Omit from paragraph (3) (b) "section 68", substitute "this
Act" Insert in paragraph (3) (b) "by virtue of subsection 66 (1)" after
"invalidity benefit"
110 Insert in subsections (1), (2) and (3) "of this Part or Division 9
of Part XII" after "Division 1, 2, or 3" (wherever occurring)
111 Insert in paragraph (1) (b) "or Division 9 of Part XII" after "Part
VI" Omit subsection (2), substitute the following subsection:
"(2) Where the total amount of the benefit or benefits (whether paid by way of
instalments of pension or as a lump sum or lump sums, or both) paid to or in
respect of a person who has been an eligible employee (being a person who was,
immediately before becoming an eligible employee, an existing invalidity
pensioner) is, at a time when no further benefit is payable under this Act to
or in respect of the person, less than the relevant amount in relation to the
person, an amount equal to the difference shall be paid to the person, or, if
the person has died, to the personal representatives of the person or to such
person or persons (if any) as the Commissioner determines." Omit subsections
(4), (5), (6) and (7), substitute the following subsection:
"(4) In subsection (2), a reference to the relevant amount in relation to a
person is a reference to the amount by which the amount of the person's
accumulated contributions exceeds the amount paid to the Fund in respect of
the person under subsection 180 (4)."
115 Insert in subsection (4) "or section 231" after "Division 4 of Part
VI"
149 Insert in paragraph (a) ", paragraph 223 (3) (a) or 224 (3) (a) or
subparagraph 229 (2) (b) (i)" after "section 67" Insert in paragraph (a) ",
paragraph 223 (3) (b) or 224 (3) (b) or subparagraph 229 (2) (b) (ii), as the
case may be," after "section 68" Insert in paragraph (c) "or paragraph 225 (2)
(a) or 229 (2) (c)" after "section 82" Insert in paragraph (c) "or paragraph
225 (2) (b) or 229 (2) (d), as the case may be," after "section 83" Insert in
paragraph (e) ", subsection 225 (5) or paragraph 229 (2) (g)" after "section
96" (first occurring) Insert in paragraph (e) "or paragraph 223 (3) (a) or 224
(3) (a)" after "section 67 or 70" Insert in paragraph (e) ", subsection 225
(5) or paragraph 229 (2) (h), as the case may be," after "section 96" (last
occurring) Insert in paragraph (e) "or paragraph 223 (3) (b) or 224 (3) (b)"
after "section 68 or 71" Insert in paragraphs (j) and (k) "or paragraph 223
(3) (a) or 224 (3) (a)" after "section 67 or 70" Insert in paragraphs (j) and
(k) "or paragraph 223 (3) (b) or 224 (3) (b)" after "section 68 or 71"
184 Omit subsection (1), substitute:
(a) with effect until the expiration of 23 April 1978, the following
subsection:
"(1) Section 16 does not apply to a person who, immediately before becoming an
eligible employee, was an existing invalidity pensioner."; and
(b) with effect from and including 24 April 1978, the following
subsection:
"(1) This section applies to a person who, immediately before becoming an
eligible employee, was an existing invalidity pensioner." Omit subsection (2)
Omit subsection (3), substitute, with effect until the expiration of 23 April
1978, the following subsection:
"(3) Where:
(a) an eligible employee who, immediately before becoming an eligible
employee, was an existing invalidity pensioner has ceased to be an
eligible employee by reason of death or retirement on the ground of
invalidity;
(b) his or her period of contributory service is less than 20 years and,
at the time of ceasing to be an eligible employee, the person had not
attained his or her maximum retiring age; and
(c) the Commissioner is satisfied:
(i) that, at or in connection with a medical examination which the
person was required to undergo by virtue of section 5 of the
superseded Act, he or she failed to furnish any information as
required or furnished false information; and
(ii) that, if the person had not failed to furnish that information
or had not furnished false information, he or she would,
immediately before his or her previous entitlement day, have
been a contributor to the Provident Account established under
the superseded Act because of a physical or mental condition or
conditions which caused or substantially contributed to the
death or incapacity which was the ground for his or her
retirement on the ground of invalidity; the Commissioner shall
issue a benefit classification certificate ecifying the
condition or conditions referred to in subparagraph (c) i) and,
for the purposes of this Act, the certificate shall be deemed
have been in force in respect of that person at the time of his
or r death or retirement." it, with effect from and including
24 April 1978, subsection (3) as
force on that day it, with effect from and including 24 April 1978, subsection
(4) as
force on that day it subsection (5) as in force on 24 April 1978, substitute:
(a) with effect from and including 24 April 1978 until the piration of 17
December 1986, the following subsection:
"(5) Where:
(a) a person who was an existing invalidity pensioner mediately before
becoming an eligible employee ceases to be an igible employee by
reason of death or retirement on the ground of validity;
(b) the person's period of contributory service is less than 20 ars and,
on the day on which he or she ceases to be an eligible ployee, the
person has not attained his or her maximum retiring age; d
(c) the Commissioner is satisfied:
(i) that, at or in connection with a medical examination which the
person underwent for the purposes of the superseded Act, the
person failed to furnish any information as required or
furnished false information; and
(ii) that, if the person had not failed to furnish that information
or had not furnished that false information, there would have
been deemed to be in force in respect of the person,
immediately before his or her death or retirement, a benefit
classification certificate in which there would have been
specified the physical or mental condition or conditions which
caused, or substantially contributed to, the death or
retirement, or a physical or mental condition or conditions
connected with such a condition or conditions;
the Commissioner shall issue in respect of the person a benefit classification
certificate specifying the physical or mental condition or conditions of the
person that, in the opinion of the Commissioner, would have been the physical
or mental condition or conditions of the person specified in the benefit
classification certificate that the Commissioner would have issued in respect
of the person if:
(iii) the person had been a contributor to the Provident Account
immediately before the commencing day; and
(iv) the person had not failed to furnish that information or had
not furnished that false information;
and, for the purposes of this Act, the certificate shall be deemed to have
been issued under subsection 16 (11) and to have been in force in respect of
the person immediately before his or her death or retirement."; and
(b) with effect from and including 18 December 1986, subsection (5) as in
force on that day Omit from subsection (5A) as in force on 18 December
1986, with effect from and including that day "(whether or not the
person was, immediately before the commencing day, a contributor to
the Provident Account)" Omit from subsection (5B) as in force on 18
December 1986, with effect from and including that day "commencing
day", substitute "person's first day of service" Omit from subsection
(5C) as in force on 18 December 1986, with effect from and including
that day "commencing day", substitute "person's first day of service"
Part
IX Add at the end of Division 2 the following section:
Additional lump sum benefit
"130B. Where:
(a) upon a person ceasing to be an eligible employee, a lump sum benefit
becomes payable to or in respect of the person under section 80 or
111; and
(b) the person is a person in relation to whom sections 119H and 119J of
the superseded Act applied and in respect of whom the Board or the
Commissioner paid an amount to the Commonwealth in accordance with
subsection 119J (8) of that Act;
there is payable to or in respect of the person an additional lump sum benefit
of an amount equal to so much of the amount referred to in paragraph (b) as
was payable to the person, whether or not he or she engaged in further
employment, upon the termination of the employment by virtue of which
subsection 119H (1) of the superseded Act applied to the person."
XII Add at the end of the Part the following Division:
"Division 9-Benefits payable to or in relation to persons who, immediately
before becoming eligible employees, were existing invalidity pensioners
Interpretation
"222. (1) In this Division, unless the contrary intention appears:
'period of previous service', in relation to a prescribed person, means the
aggregate of:
(a) any periods that are, in relation to the person, prescribed periods of
service under section 233; and
(b) the period commencing on the person's previous entitlement day and
ending on the expiry of 30 June 1976;
'prescribed amount', in relation to a prescribed person, means:
(a) except where paragraph (b) applies-the amount in dollars equal to the
number of dollars in the salary of the person for the purposes of
section 20 of the superseded Act on the day immediately before his or
her previous entitlement day; or
(b) if, immediately before that day, subsection 20B (1) of the superseded
Act applied in relation to the person-the amount in dollars equal to
the number of dollars in the salary of the person for the purposes of
section 20 of the superseded Act immediately before subsection 20B (1)
of that Act commenced or last commenced to apply in relation to the
person;
'prescribed person' means a person who has once ceased to be, and has not
again become, an eligible employee and who was, immediately before becoming an
eligible employee, an existing invalidity pensioner.
"(2) In this Division:
(a) a reference to a unit of pension includes a reference to a fraction of
a unit of pension but does not include a reference to a reserve unit
of pension; and
(b) a reference to the number of units of pension for which a contributor
was contributing or for which he or she was a contributor includes:
(i) a reference to any units of pension for which the contributor
had completed payment of contributions; and
(ii) a reference to any units of pension in respect of which the
whole or a part of his or her contributions had been deferred
by virtue of section 33 of the Superannuation Act 1963.
Annual rate of pension-certain prescribed pensions
"223. (1) This section applies to a prescribed person who, after becoming an
employee for the purposes of the superseded Act, or, where the prescribed
person became such an employee on more than one occasion, after last becoming
such an employee:
(a) made an election under section 69 of the superseded Act;
(b) by virtue of subsection 100J (2), 107K (2), 110 (2) or 119K (2) of the
superseded Act was at any time not required or permitted to contribute
to the existing Fund in respect of units of pension; or
(c) was at any time required to contribute to the existing Fund in respect
of units of pension in accordance with subsection 100J (3), 107K (3),
110 (3) or 119K (3) of the superseded Act.
"(2) Where a person, being a prescribed person to whom this section applies,
is entitled to a standard age retirement pension by virtue of subsection 55
(1), the annual rate of that pension is an amount per annum equal to whichever
is the greater of:
(a) the amount by which the annual rate of the standard age retirement
pension to which, but for this subsection, the person would have been
entitled exceeds an amount in dollars ascertained in accordance with
the formula 65 x A; and
(b) the amount per annum of the standard age retirement pension that would
be payable to the person if he or she were not a prescribed person but
had become on the commencing day an eligible employee other than an
eligible employee referred to in paragraph (a) of the definition of
eligible employee in subsection 3 (1) or a person who, immediately
before the commencing day, was entitled to a relevant pension.
"(3) Where a person, being a prescribed person to whom this section applies,
is entitled to invalidity benefit by virtue of subsection 66
(1), the annual rate of the pension to which the person is entitled is: (a)
if the person does not make an election under section 68 or 69-an amount per
annum equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the person would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula 91 x A; and
(ii) the amount per annum of the invalidity pension that would be
payable to the person if he or she were not a prescribed person
but had become on the commencing day an eligible employee other
than an eligible employee referred to in paragraph (a) of the
definition of eligible employee in subsection 3 (1) or a person
who, immediately before the commencing day, was entitled to a
relevant pension; or
(b) if the person makes an election under section 68-an amount per annum
equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the person would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula 65 x A: and
(ii) the amount per annum of the invalidity pension that would be
payable to the person if he or she were not a prescribed person
but had become on the commencing day an eligible employee other
than an eligible employee referred to in paragraph (a) of the
definition of eligible employee in subsection 3 (1) or a person
who, immediately before the commencing day, was entitled to a
relevant pension.
"(4) For the purpose of the application in relation to a prescribed
person to whom this section applies of a formula in this section, A is: (a)
in the case of such a person who made an election under section 69 of the
superseded Act-the number of units of pension that was determined for the
purposes of that section to have been equivalent to the actuarial value, as at
the date on which the person came under the superseded Act in pursuance of the
election, of the benefits by way of pension or retiring allowance to which the
person was then entitled by virtue of his or her rights under another Act or a
State Act; or
(b) in the case of any other such person:
(i) except where subparagraph (ii) applies-the number of units of
pension specified in the determination made by the Board in
relation to the person under subsection 100J (2), 107K (2) or
110 (2) of the superseded Act, as the case may be; or
(ii) if subsection 119K (2) or (3) of the superseded Act applies in
relation to the person-the sum of the number of units of
pension specified in each of the determinations made by the
Board in relation to the person under subsection 119K (2) of
that Act.
Annual rate of pension-prescribed person having certain aggregate of units of
pension
"224. (1) This section applies to a prescribed person in relation to whom the
number of units of pension ascertained in accordance with subsection 20 (2) of
the superseded Act as it applied to the person immediately before his or her
previous entitlement day exceeds the aggregate of:
(a) except where paragraph (b) applies-the number of units of pension for
which the prescribed person was a contributor under the superseded Act
immediately before that day and the number of non-contributory units
of pension (if any) applicable in relation to the prescribed person
under that Act immediately before that day; or
(b) where section 223 applies to the prescribed person-the total number of
units of pension referred to in paragraph (a) and the number of units
of pension referred to in paragraph 223 (4) (a) or subparagraph 223
(4) (b) (i) or (ii), as the case may be, in relation to the prescribed
person.
"(2) Where a person, being a prescribed person to whom this section applies,
is entitled to standard age retirement pension by virtue of subsection 55 (1),
the annual rate of that pension is an amount per annum equal to whichever is
the greater of:
(a) the amount by which the annual rate of the standard age retirement
pension to which, but for this subsection, the person would have been
entitled exceeds an amount in dollars ascertained in accordance with
the formula:
65A (30-B)
----------; and
30
(b) the amount per annum of the standard age retirement pension that would
be payable to the person if he or she were not a prescribed person but
had become on the commencing day an eligible employee other than an
eligible employee referred to in paragraph (a) of the definition of
eligible employee in subsection 3 (1) or a person who, immediately
before the commencing day, was entitled to a relevant pension.
"(3) Where a person, being a prescribed person to whom this section applies,
is entitled to invalidity benefit by virtue of subsection 66
(1), the annual rate of the pension to which the person is entitled is: (a)
if the person does not make an election under section 68 or 69-an amount per
annum equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the person would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
91A (30-B)
----------; and
30
(ii) the amount per annum of the invalidity pension that would be
payable to the person if he or she were not a prescribed person
but had become on the commencing day an eligible employee other
than an eligible employee referred to in paragraph (a) of the
definition of eligible employee in subsection 3 (1) or a person
who, immediately before the commencing day, was entitled to a
relevant pension; or
(b) if the person makes an election under section 68-an amount per annum
equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the person would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
65A (30-B)
----------; and
30
(ii) the amount per annum of the invalidity pension that would be
payable to the person if he or she were not a prescribed person
but had become on the commencing day an eligible employee other
than an eligible employee referred to in paragraph (a) of the
definition of eligible employee in subsection 3 (1) or a person
who, immediately before the commencing day, was entitled to a
relevant pension.
"(4) For the purpose of the application in relation to a prescribed person to
whom this section applies of a formula in this section:
A is the number of units by which the number of units of pension ascertained
in accordance with subsection 20 (2) of the superseded Act as it applied in
relation to the prescribed person immediately before his or her previous
entitlement day exceeds:
(a) except where paragraph (b) applies-the total number of units of
pension referred to in paragraph (1) (a); or
(b) where section 223 applies to the prescribed person-the aggregate of
the total number of units of pension referred to in paragraph (1) (a)
and the number of units of pension referred to in paragraph 223 (4)
(a) or subparagraph 223 (4) (b) (i) or (ii), as the case may be, in
relation to the prescribed person; and
B is the number of complete years in that part of the period of contributory
service of the prescribed person that commenced on the commencing day and
ended on his or her last day of service.
Prescribed eligible employee-annual rate of spouse's pension or spouse's
standard pension
"225. (1) In this section, 'prescribed eligible employee' means an eligible
employee, being an eligible employee who, immediately before becoming an
eligible employee, was an existing invalidity pensioner, who:
(a) immediately before his or her previous entitlement day was a
contributor to the existing Fund under Part III of the superseded Act;
and
(b) elected under subsection 26 (3) of the superseded Act that section 26
of that Act should not apply to him or her.
"(2) Where the spouse of a deceased prescribed eligible employee is entitled
to spouse's benefit by virtue of subsection 81 (1), the annual rate of
spouse's pension to which the spouse is entitled is:
(a) if the spouse does not make an election under section 83 or 84-an
amount per annum equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the spouse would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
11.375A (30 - B)
----------------; and
30
(ii) the amount per annum of the spouse's pension that would be
payable to the spouse if the deceased prescribed eligible
employee had not been a prescribed eligible employee but had
become on the commencing day an eligible employee other than an
eligible employee referred to in paragraph (a) of the
definition of eligible employee in subsection 3 (1) or a person
who, immediately before the commencing day, was entitled to a
relevant pension; or
(b) if the spouse makes an election under section 83-an amount per annum
equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the spouse would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
8.125A (30 - B)
---------------; and
30
(ii) the amount per annum of the spouse's pension that would be
payable to the spouse if the deceased prescribed eligible
employee had not been a prescribed eligible employee but had
become on the commencing day an eligible employee other than an
eligible employee referred to in paragraph (a) of the
definition of eligible employee in subsection 3 (1) or a person
who, immediately before the commencing day, was entitled to a
relevant pension.
"(3) Where the spouse of a deceased prescribed eligible employee is entitled
to spouse's standard pension by virtue of section 89, the annual rate of that
pension is an amount per annum equal to whichever is the greater of:
(a) the amount by which the annual rate of the spouse's standard pension
to which, but for this subsection, the spouse would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
8.125A (30 - B)
---------------; and
30
(b) the amount per annum of the spouse's standard pension that would be
payable to the spouse if the deceased prescribed eligible employee had
not been a prescribed eligible employee but had become on the
commencing day an eligible employee other than an eligible employee
referred to in paragraph (a) of the definition of eligible employee in
subsection 3 (1) or a person who, immediately before the commencing
day, was entitled to a relevant pension.
"(4) Where:
(a) a pensioner to whom age retirement pension or early retirement pension
is payable dies and is survived by a spouse; and
(b) before becoming entitled to the pension, the pensioner was a
prescribed eligible employee;
the annual rate of spouse's standard pension payable to the spouse of the
deceased pensioner is an amount per annum equal to whichever is the greater
of:
(c) the amount by which the annual rate of the spouse's standard pension
to which, but for this subsection, the spouse would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
8.125A (30 - B)
---------------; and
30
(d) the amount per annum of the spouse's standard pension that would be
payable to the spouse if the deceased pensioner had not been a
prescribed eligible employee but had become on the commencing day an
eligible employee other than an eligible employee referred to in
paragraph (a) of the definition of eligible employee in subsection 3
(1) or a person who, immediately before the commencing day, was
entitled to a relevant pension.
"(5) Where:
(a) a pensioner to whom invalidity pension is payable dies and is survived
by a spouse; and
(b) before becoming entitled to that pension, the pensioner was a
prescribed eligible employee;
the annual rate of a spouse's pension payable to the spouse of the deceased
pensioner is:
(c) if the pensioner did not make an election under section 68 or 69-an
amount per annum equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the spouse would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
11.375A (30 - B)
----------------; and
30
(ii) the amount per annum of the spouse's pension that would be
payable to the spouse if the deceased pensioner had not been a
prescribed eligible employee but had become on the commencing
day an eligible employee other than an eligible employee
referred to in paragraph (a) of the definition of eligible
employee in subsection 3 (1) or a person who, immediately
before the commencing day, was entitled to a relevant pension;
or
(d) if the pensioner made an election under section 68-an amount per annum
equal to whichever is the greater of:
(i) the amount by which the annual rate of the pension to which,
but for this subsection, the spouse would have been entitled
exceeds an amount in dollars ascertained in accordance with the
formula:
8.125A (30 - B)
---------------; and
30
(ii) the amount per annum of the spouse's pension that would be
payable to the spouse if the deceased pensioner had not been a
prescribed eligible employee but had become on the commencing
day an eligible employee other than an eligible employee
referred to in paragraph (a) of the definition of eligible
employee in subsection 3 (1) or a person who, immediately
before the commencing day, was entitled to a relevant pension.
"(6) For the purpose of the application in relation to a prescribed eligible
employee of a formula in this section:
A is the aggregate of the number of units of pension for which the prescribed
eligible employee was a contributor under the superseded Act immediately
before his or her previous entitlement day and the number of non-contributory
units of pension applicable in relation to the prescribed eligible employee
under that Act immediately before his or her previous entitlement day; and
B is the number of complete years in that part of the period of contributory
service of the prescribed eligible employee that commenced on the commencing
day and ended on his or her last day of service.
Application of sections 227 and 228
"226. Sections 227 and 228 apply to a prescribed person who was, immediately
before his or her previous entitlement day, contributing under the superseded
Act for units of pension at rates based on a retiring age of 60 years.
Certain prescribed persons-annual rate of standard age retirement pension
"227. (1) Where a person, being a prescribed person to whom this section
applies, is entitled to standard age retirement pension by virtue of
subsection 55 (2), the annual rate of that pension is the amount per annum
equal to the aggregate of:
(a) the amount per annum to which the person would be entitled in
accordance with subsection 56 (4) if the person were not a prescribed
person to whom this section applies; and
(b) the amount in dollars ascertained in accordance with the formula:
AB DE
-- (65 - ----).
C F
"(2) For the purpose of the application in relation to a prescribed person to
whom this section applies of the formula in subsection (1):
A is the number of units of pension for which the person was, immediately
before the person's previous entitlement day, contributing under the
superseded Act at rates based on a retiring age of 60 years;
B is the number of complete years in the person's period of previous service;
C is:
(a) except where paragraph (b) applies-the number of complete years in the
aggregate of:
(i) the person's period of previous service; and
(ii) the period that commenced on the commencing day and ended on
the day on which the person attained the age of 591/2 years; or
(b) where, before the commencing day:
(i) the person attained the age of 591/2 years; or
(ii) the person completed payment of contributions for the units of
pension for which the person was contributing at rates based on
a retiring age of 60 years;
the number of complete years in the person's period of previous service;
D is such percentage as, having regard to the person's age on his or her last
day of service and to the number of complete years in the person's period of
contributory service, is applicable to the person in accordance with Schedule
9;
E is:
(a) except where paragraph (b) applies-the number of dollars in the
prescribed amount in relation to the person; or
(b) if:
(i) the person became an employee for the purposes of the
superseded Act on or after 14 December 1959;
(ii) the number of complete years, where the person ceased to be an
eligible employee on attaining the age of 60 years, in his or
her period of contributory service and any period during that
period when the person was on leave of absence without pay and
in respect of which subsection 51 (1) applies is less than 20
years or, where the person ceased to be an eligible employee
after attaining that age, the number of complete years in what
would have been his or her period of contributory service if
the person had ceased to be an eligible employee on attaining
that age and any period during that period when he or she was
on leave of absence without pay and in respect of which
subsection 51 (1) applies is less than 20 years; and
(iii) the amount that is the prescribed amount in relation to the
person is not less than $2,600;
the number of dollars in the sum of:
(iv) the first $2,600 included in the amount that is the prescribed
amount in relation to the person; and
(v) the balance of that prescribed amount multiplied by the factor
specified in column 2 of Schedule 10 opposite to the number of
complete years specified in column 1 of that Schedule that is
equal to the number of complete years, where the person ceases
to be an eligible employee on attaining the age of 60 years, in
his or her period of contributory service and any period during
that period when the person was on leave of absence without pay
and in respect of which subsection 51 (1) applies or, where the
person ceased to be an eligible employee after attaining that
age, in what would have been his or her period of contributory
service if the person had ceased to be an eligible employee on
attaining that age and any period during that period when the
person was on leave of absence without pay and in respect of
which subsection 51 (1) applies; and
F is:
(a) except where paragraph (b) applies-the number of units ascertained in
accordance with the provisions of subsection 20 (2) of the superseded
Act applicable, immediately before the person's previous entitlement
day, in relation to the person; or
(b) if, immediately before that day, subsection 20B (1) of the superseded
Act applied in relation to the person-the number of units as
ascertained in accordance with the provisions of subsection 20 (2) of
the superseded Act applicable in relation to the person immediately
before subsection 20B (1) of the superseded Act commenced or last
commenced to apply in relation to the person.
Certain prescribed persons-annual rate of standard early retirement pension
"228. (1) Where a person, being a prescribed person to whom this section
applies, is entitled to standard early retirement pension by virtue of section
59, the annual rate of that pension is the amount per annum equal to the
aggregate of:
(a) the amount per annum to which the person would be entitled in
accordance with section 60 if he or she were a prescribed person who
was not, immediately before his or her previous entitlement day,
contributing under the superseded Act for units of pension at rates
based on a retiring age of 60 years; and
(b) the amount equal to the amount in dollars ascertained in accordance
with the formula:
AB DE
--- (65 - --).
C F
reduced by 4% of that amount for each year, or part of a year, included in the
period commencing on the day immediately following the person's last day of
service and ending on the day on which the person will attain the age of 60
years.
"(2) For the purpose of the application in relation to a prescribed person to
whom this section applies of the formula in paragraph (1) (b):
A, B and F have the same meanings respectively as in subsection 227 (2);
C is:
(a) except where paragraph (b) applies-the number of complete years equal
to the aggregate of:
(i) the person's period of previous service; and
(ii) the period commencing on the commencing day and ending on the
day on which the person will attain or has attained, as the
case may be, the age of 591/2 years; or
(b) where, before the commencing day:
(i) the person attained the age of 591/2 years; or
(ii) the person completed payment of contributions for the units of
pension for which the person was contributing at rates based on
a retiring age of 60 years;
such number of complete years as is included in the person's period of
previous service;
D is such percentage as would, if section 227 applied in relation to the
person, be applicable to the person in accordance with Schedule 9 if the
person's age on his or her last day of service had been 60 years; and
E is:
(a) except where paragraph (b) applies-the number of dollars in the
prescribed amount in relation to the person; or
(b) if:
(i) the person became an employee for the purposes of the
superseded Act on or after 14 December 1959;
(ii) the number of complete years in the period that is the
aggregate of the person's period of contributory service, any
period during that period when the person was on leave of
absence without pay and in respect of which subsection 51 (1)
applies and the period commencing on the day immediately
following the person's last day of service and ending on the
day on which the person will, or but for his or her death
would, attain the age of 60 years is less than 20 years; and
(iii) the amount that is the prescribed amount in relation to the
person is not less than $2,600;
the number of dollars in the sum of:
(iv) the first $2,600 included in the amount that is the prescribed
amount in relation to the person; and
(v) the balance of that prescribed amount multiplied by the factor
specified in column 2 of Schedule 10 opposite to the number of
complete years specified in column 1 of that Schedule that is
equal to the number of complete years included in the aggregate
period referred to in subparagraph (ii). Annual rate of pension
in certain cases
"229. (1) This section applies to:
(a) standard age retirement pension payable by virtue of subsection 55
(1);
(b) invalidity pension payable by virtue of subsection 66 (1);
(c) spouse's pension payable by virtue of subsection 81 (1);
(d) spouse's standard pension payable by virtue of section 89;
(e) spouse's standard pension payable by virtue of subsection 93 (1) in
respect of a person to whom a pension referred to in paragraph (a) was
payable immediately before his or her death; and
(f) spouse's pension payable by virtue of subsection 93 (2) in respect of
a person to whom a pension referred to in paragraph (b) was payable
immediately before his or her death.
"(2) Subject to subsection (3), where a pension to which this section applies
becomes payable to or in respect of a person other than a person who, at any
time after his or her first day of service, made an election under subsection
47 (2), the annual rate of that pension shall not be less than an amount per
annum equal to:
(a) in the case of a pension referred to in paragraph (1) (a)-the amount
in dollars ascertained in accordance with the formula 65 (A + B);
(b) in the case of a pension referred to in paragraph (1) (b):
(i) if the person does not make an election under section 68 or 69-
the amount in dollars ascertained in accordance with the
formula 91 (A + B) - 26B; or
(ii) if the person makes an election under section 68-the amount in
dollars ascertained in accordance with the formula 65 (A + B);
(c) in the case of a pension referred to in paragraph (1) (c) that is
payable to a spouse who has not made an election under section 83 or
84:
(i) if the pension would, but for this section, be payable in
accordance with section 82-67% of the amount in dollars
ascertained in accordance with the formula 91 (A + B) - 26B; or
(ii) if the pension would, but for this section, be payable in
accordance with subsection 225 (2)-54% of that amount;
(d) in the case of a pension referred to in paragraph (1) (c) that is
payable to a spouse who has made an election under section 83:
(i) if the pension would, but for this section, be payable in
accordance with section 83-67% of the amount in dollars
ascertained in accordance with the formula 65 (A + B); or
(ii) if the pension would, but for this section, be payable in
accordance with subsection 225 (2)-54% of that amount;
(e) in the case of a pension referred to in paragraph (1) (d):
(i) if the pension would, but for this section, be payable in
accordance with section 90-67% of the amount in dollars
ascertained in accordance with the formula 65 (A + B); or
(ii) if the pension would, but for this section, be payable in
accordance with subsection 225 (3)-54% of that amount;
(f) in the case of a pension referred to in paragraph (1) (e):
(i) if the pension would, but for this section, be payable in
accordance with section 94-67% of the amount in dollars
ascertained in accordance with the formula 65 (A + B); or
(ii) if the pension would, but for this section, be payable in
accordance with subsection 225 (4)-54% of that amount;
(g) in the case of a pension referred to in paragraph (1) (f) that is
payable in respect of a person who did not make an election under
section 68 or 69:
(i) if the pension would, but for this section, be payable in
accordance with section 96-67% of the amount in dollars
ascertained in accordance with the formula 91 (A + B) - 26B; or
(ii) if the pension would, but for this section, be payable in
accordance with subsection 225 (5)-54% of that amount;
(h) in the case of a pension referred to in paragraph (1) (f) that is
payable in respect of a person who made an election under section 68:
(i) if the pension would, but for this section, be payable in
accordance with section 96-67% of the amount in dollars
ascertained in accordance with the formula 65 (A + B); or
(ii) if the pension would, but for this section, be payable in
accordance with subsection 225 (5)-54% of that amount.
"(3) If, at any time when a spouse's pension referred to in paragraph (1) (c),
(d), (e) or (f) is payable in accordance with subsection (2) to the spouse of
a person who has died and was, at the time of his or her death, an eligible
employee or a retirement pensioner, there are children of that person who are
eligible children, then, in the application of subsection (2) at that time to
the spouse:
(a) any reference in that subsection to 67% shall be read as a reference
to:
(i) where there is one eligible child-78%;
(ii) where there are 2 eligible children-89%; or
(iii) where there are 3 or more eligible children-100%; and
(b) any reference in that subsection to 54% shall be read as a reference
to:
(i) where there is one eligible child-65%;
(ii) where there are 2 eligible children-76%; or
(iii) where there are 3 or more eligible children-87%.
"(4) For the purpose of the application in relation to a person to, or in
respect of, whom a pension to which this section applies is payable of a
formula in this section:
A is:
(a) except where paragraph (b) applies-the number of units of pension for
which the person was a contributor under the superseded Act
immediately before his or her previous entitlement day; or
(b) where the person was a contributor for the purposes of the superseded
Act on 4 February 1976-the aggregate of the number of units of pension
for which the person was a contributor on that day and the number of
additional units of pension for which the person became eligible to
contribute after that day; and
B is the number of non-contributory units of pension (if any) applicable in
relation to the person under the superseded Act immediately before his or her
previous entitlement day. Minimum annual rate of spouse's pension where
eligible children
"230. If, at any time when spouse's pension is payable by virtue of a
provision of this Act in respect of a person who has died and was, at the time
of his or her death, an eligible employee or a retirement pensioner, there are
children of that person who are eligible children, then, notwithstanding any
other provision of this Act, the annual rate of that pension shall not be less
than an amount per annum equal to the sum of:
(a) the amount per annum of spouse's pension that would be payable at that
time in respect of the person if there were no eligible children; and
(b) an amount in dollars ascertained in accordance with the formula 208 x
A, where A is the number of eligible children in relation to that
person at that time. Minimum annual rate of orphan pension
"231. Where, at any time, orphan pension is payable by virtue of a provision
of this Act in respect of an eligible child or eligible children of a deceased
eligible employee or a deceased pensioner, then, notwithstanding any other
provision of this Act, the annual rate of the pension payable at that time in
respect of that child or those children shall not be less than an amount per
annum equal to the amount in dollars ascertained in accordance with the
formula 520 x A, where A is the number of children in respect of whom the
pension is payable at that time." Division 9-further provision Insert in each
of the following provisions, with effect from and including 28 November 1978
"or was absent from duty and in respect of which subsection 51A (1) applies"
after "subsection 51 (1) applies":
Subparagraphs (b) (ii) and (v) in the definition of "E" in subsection 227 (2);
subparagraph (b) (ii) in the definition of "E" in subsection 228 (2) Omit
Table 2, substitute the following:
TABLE 2
RATE OF PENSION WHERE CONTRIBUTORY SERVICE LESS THAN
20 YEARS
------------------------------------------------------------------------------
-- Column 1 Column 2
Number of complete years of contributory service Percentage of
final annual rate
of salary in excess
of $2,600
------------------------------------------------------------------------------
-- 19 ..................................................... 48
18 ..................................................... 46
17 ..................................................... 44
16 ..................................................... 42
15 ..................................................... 40
14 ..................................................... 38
13 ..................................................... 36
12 ..................................................... 34
11 ..................................................... 32
10 or less ............................................. 30
------------------------------------------------------------------------------
-- Omit the Schedule, substitute the following Schedule:
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