Document ID: chunk:federal_register_of_legislation:C2011C00795:section:3:p4
Version: federal_register_of_legislation:C2011C00795
Segment Type: section
Provision Reference: s 3 (pt 4/5)
Character Range: 8342–10929

him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if, upon retirement, he had become entitled to receive a pension under section 29 of the Superannuation Act 1922 or of that Act as amended, according to the number of units of pension for which he was contributing at the time of his retirement; and
 (e) in relation to an eligible pensioner who entered into an agreement with the Board under section 73 of the Superannuation Act 1959 or gave a notice to the Board under section 33 of the Superannuation Act 1963 and whose pension was reduced by reason of his not having paid an amount of, or of interest upon, contributions the payment of which was deferred—means such amount as bears to the amount that would, but for this paragraph, be applicable in relation to him under this definition the same proportion as the amount of annual pension that was payable to him immediately before the commencing date bears to the amount of annual pension that would have been so payable to him if his pension had not been so reduced.

the relevant time:
 (a) in relation to an eligible pensioner who retired before the twelfth day of June, One thousand nine hundred and forty‑seven, not being a non‑contributing pensioner—means the time immediately before he ceased to pay contributions or he attained the maximum age for retirement, whichever first occurred; and
 (b) in relation to any other eligible pensioner—means the time immediately before his retirement.

 (2) In ascertaining for the purpose of paragraph (d) or paragraph (e) of the definition of the relevant amount in the last preceding subsection the amount of annual pension that was, or would have been, payable to an eligible pensioner immediately before the commencing date, the operation of section 44 of the Superannuation Act 1922‑1967 shall be disregarded.

 (3) Subject to subsection (1) of this section, expressions used in this Act that are also used in the Superannuation Act 1922‑1967 have in this Act, unless the contrary intention appears, the same respective meanings as they have in the Superannuation Act 1922‑1967.

 (4) For the purposes of this Act, the annual salary that was payable at any material time to an eligible pensioner who, at that time, was paid salary at a rate other than an annual rate of salary shall be ascertained as prescribed for the purposes of paragraph (a) of subsection (1) of section 22 of the Superannuation Act 1922‑1967.