Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p13
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 32097–34926

if the member's period of service is not less than 8 years—a retiring allowance during his or her life-time at the rate applicable in accordance with the scale set out in subsection (6); or

   (b) if the member's period of service is less than 8 years but he or she has, on each of at least 3 occasions (including occasions before the commencement of this subsection), ceased to be a member upon:

        (i) the dissolution or expiration of the House of which he or she was then a member; or

        (ii) the expiration of his or her term of office;

    a retiring allowance during his or her life-time at the rate of 50% of parliamentary allowance for the time being payable to a member; or

   (c) if:

        (i) neither of the preceding paragraphs applies; and

        (ii) he or she is a class 1 invalid;

    a retiring allowance during his or her life-time at the rate of 50% of parliamentary allowance for the time being payable to a member; or

   (d) if:

        (i) none of the preceding paragraphs applies; and

        (ii) he or she is a class 2 invalid;

    a retiring allowance during his or her life-time at the rate of 30% of parliamentary allowance for the time being payable to a member; or

   (e) if:

        (i) none of the preceding paragraphs applies; and

        (ii) he or she is a class 3 invalid;

    the greater of the following:

        (iii)  a refund of his or her contributions together with a payment of the Commonwealth supplement;

        (iv)  the superannuation guarantee safety-net amount.

"(2AB) If the amount referred to in subparagraph (2AA)(e)(iii) is equal to the amount referred to in subparagraph (2AA)(e)(iv), paragraph (2AA)(e) has effect as if the amount referred to in subparagraph (2AA)(e)(iii) were greater than the amount referred to in subparagraph (2AA)(e)(iv).

  "(2AC) If:

    (a) a person is entitled to a retiring allowance under paragraph (2AA)(c) or (d); and

    (b) under section 15C, the Trust reviews the person's current classification as a class 1 invalid or a class 2 invalid, as the case may be; and

      (c) the Trust decides to re-classify the person under section 15C;

     the following provisions have effect from the date on which the re-classification takes effect:

        (d) the person ceases to be entitled to a retiring allowance under whichever of paragraph (2AA)(c) or (d) was applicable;

        (e) the person becomes entitled to a retiring allowance or benefit under whichever of paragraph (2AA)(c), (d) or (e) is applicable to the person as a result of the re-classification.";

     (c) by omitting from subsection (2A) "paragraph (2)(aa)" and substituting "paragraphs (2)(aa) and (2AA)(b)";

     (d) by omitting from subsection (3) "paragraph (2)(aa)" and substituting "paragraphs (2)(aa) and (2AA)(b)".

Repeal of