Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p5
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 11013–13688

force applies.

Annual rate of salary
5. (1) Section 5 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
     "(1) In this section, 'salary' means salary or wages and includes any allowance, or the value of any allowance, or any fee, that is an allowance or fee of a kind that, under the regulations, is to be treated as salary for the purposes of this Act, but does not include any part of any salary or wages that, under the regulations, is not to be treated as salary for the purposes of this Act.";
     (b) by omitting from sub-section (2) "sub-section (3)" and substituting "sub-sections (3), (3a), (3b) and (3c)";
     (c) by inserting after sub-section (3) the following sub-sections:
     "(3a) Where, immediately before a person ceased or last ceased to be an eligible employee, the person was entitled to partial invalidity pension under section 77 or 78, the annual rate of salary payable to the person immediately before the person so ceased or last so ceased shall, for the purposes of this Act, other than sections 77 and 78—
           (a) in a case where that entitlement was an entitlement under section 77—be taken, subject to sub-section (3b), to be the amount per annum that would have been the person's final annual rate of salary on the occasion on which the person ceased or last ceased to be an eligible employee that preceded the person's becoming so entitled to that partial invalidity pension; or
           (b) in a case where that entitlement was an entitlement under section 78—be taken, subject to sub-section (3c), to be the amount per annum that would, if the person had ceased to be an eligible employee on the day immediately preceding the day on which the person became so entitled to that partial invalidity pension, have been the person's final annual rate of salary on the occasion of the person's so ceasing.
     "(3b) Where at any time the Commissioner, having regard to any changes in rates of remuneration which have occurred since the occasion on which a person referred to in paragraph (3a) (a) ceased to be an eligible employee that preceded the person's becoming entitled to partial invalidity pension under section 77 and which the Commissioner considers to be relevant, is of the opinion that the

      annual rate of salary of the person should, for the purposes of this Act, be a rate other than the rate referred to in sub-section (3a) or a rate specified by the Commissioner in a previous determination made under this sub-section, the Commissioner may determine that, for the purposes of this Act, other than sections 77 and 78, the annual rate of salary