Document ID: chunk:federal_register_of_legislation:F2005C00642:reg:3
Version: federal_register_of_legislation:F2005C00642
Segment Type: reg
Provision Reference: reg 3
Character Range: 89831–105020

3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   After section 117 insert the following section:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          117A Adjustment for non-contributory portion of deferred benefits as pension

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     '(1) Subject to subsection (4), if:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (a) a person is entitled to a pension, other than a spouse's pension or deferred benefits as pension; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (b) deferred benefits as pension under the superseded Act are payable to that person;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    the amount of the fortnightly instalments of the first-mentioned pension must be ascertained as if the annual rate of the pension were reduced by the part of the annual rate that is attributable to the non-contributory portion of the deferred benefits.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     '(2) Subject to subsection (4), if, in respect of a person in a class of persons prescribed by regulation 13 of the Transfer Arrangements Regulations:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (a) another person is entitled to an orphan's pension or a spouse's pension; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (b) deferred benefits as pension under the superseded Act are payable to the other person;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    the amount of the fortnightly instalments of a pension referred to in paragraph (a) must be ascertained as if the annual rate of the pension were reduced by the part of the annual rate that is attributable to the non-contributory portion of the deferred benefits.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     '(3) In the case of a person referred to in paragraphs
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    (2) (a) and (b), that non-contributory portion of those deferred benefits is the sum of the non-contributory portion of:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (a) the deferred benefits payable to the person as pension under the superseded Act; and
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     (b) any additional pension payable to the person under the superseded Act in respect of an eligible child.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     '(4) If, by the application of subsection (1) or (2) and paragraph (e) of the definition of period of contributory service in subsection 3 (1), the total annual amount of benefit payable to a person as pension and as deferred benefits by way of pension under the superseded Act would be less than the total annual amount that would be payable in the absence of those provisions, those provisions must be disregarded for the purpose of calculating the annual rate of the pension payable to the person under this Act.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     '(5) In subsections (1) and (2), a reference to the annual rate of the pension is (except where the pension is a partial invalidity pension) a reference to the rate in respect of the pension, or a part of the pension, that would be subject to an increase under the provisions of Part X on the next occasion on which that Part applies to the pension.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     '(6) In subsection (2), Transfer Arrangements Regulations means the Superannuation (Transfer Arrangements) Regulations, as in force from time to time.'.