Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p5
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 5/18)
Character Range: 51967–54682

but for this subsection, the person would have been entitled exceeds an amount in dollars ascertained in accordance with the formula 65 × A; and
                              (ii) the amount per annum of the invalidity pension that would be payable to him if he 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).
                         (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                           (a) in the case of such a person who made an election under section 69 of the superseded Act — the number of units of pension that was determined for the purposes of that section to have been equivalent to the actuarial value, as at the date on which the person came under the superseded Act in pursuance of the election, of the benefits by way of pension or retiring allowance to which the person was then entitled by virtue of his rights under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made by the Superannuation Board in relation to the person under subsection 100J (2), 107K (2) or 110 (2) of the superseded Act, as the case may be; or
                              (ii) if subsection 119K (2) or (3) of the superseded Act applies in relation to the person — the sum of the number of units of pension specified in each of the determinations made by the Superannuation Board in relation to the person under subsection 119K (2) of that Act.
                         214.  (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person in relation to whom the number of units of pension ascertained in accordance with subsection 20 (2) of the superseded Act as it applied to him at the relevant time exceeds the aggregate of: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paragraph (b) applies — the number of units of pension for which the prescribed person was a contributor under the superseded Act on 30 June 1976 and the number of non-contributory units of pension (if any) applicable in relation to the prescribed person under that Act on that date; or
                           (b) where section 213 applies to the prescribed person — the total number of units of pension referred to in paragraph (a) of this subsection and the number of units of pension referred to in paragraph 213 (4) (a) or subparagraph 213 (4) (b) (i) or (ii), as the case may be, in relation to