Document ID: chunk:federal_register_of_legislation:C2024C00651:section:17:p3
Version: federal_register_of_legislation:C2024C00651
Segment Type: section
Provision Reference: s 17 (pt 3/5)
Character Range: 76848–79499

member as is worked out using the formula:

where:
basic rate means the rate at which, at the most recent benefit start‑up time, a retiring allowance under subsection (1A) or (1B) or paragraph (2)(a) or (aa) or (2AA)(a), (b), (c) or (d) would have become payable to the person if this subsection and subsection (8A) did not apply to the person.
percentage means:
 (a) if, apart from this subsection and subsection (8A), the person would have been entitled at the most recent benefit start‑up time to a retiring allowance under subsection (1A) or (1B) or paragraph (2)(a) or (aa) or (2AA)(a)—the percentage of the rate of parliamentary allowance by reference to which the rate of that retiring allowance would be ascertained (see subsection (6) and, if applicable, subsections (7) and (8)); or
 (b) if, apart from this subsection and subsection (8A), the person would have been entitled at the most recent benefit start‑up time to a retiring allowance under paragraph (2AA)(b), (c) or (d)—the percentage of the rate of parliamentary allowance specified in that paragraph.
surcharge adjustment means the total of:
 (a) the person's notional adjustment debits arising under any or all of the following provisions before the end of the election day:
 (i) subsection 18A(6);
 (ii) subsection (8AA);
 (iii) subsection (8AB); and
 (b) the person's notional adjustment debits arising under subsection 18B(15) after the most recent benefit start‑up time and before the end of the election day.
 (8ACA) Any reduction under section 22CH is to be disregarded in applying the definition of basic rate in subsection (8AC) of this section.
 (8B) If:
 (a) a person's surcharge debt account is in debit when a benefit becomes payable to the person; and
 (b) apart from this subsection, the person would be entitled to a benefit under paragraph (2)(b) or (2AA)(e) or subsection (4);
then, instead of the benefit referred to in paragraph (b), the amount of the benefit to which the person is entitled is an amount equal to the difference between:
 (c) the amount that would be payable to the person under this section if this subsection did not apply to the person; and
 (d) the person's surcharge deduction amount.
 (9) Where the period of service of a person who became entitled to a retiring allowance after 30 June 1980 includes a period or periods during which the person served as a Minister of State or as an office holder, the person is entitled, in respect of:
 (a) his or her service in each office that he or she held as a Minister of State (other than his or her service in an office, during a period that he or she held more than one office as a Minister of