Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8e:p1
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8E (pt 1/6)
Character Range: 37094–39575

8E  Annual rate of salary on last day of service of certain persons who have ceased to be eligible employees
 (1) In this regulation, final year of service, in relation to a person who has ceased to be an eligible employee and has been, immediately before his or her so ceasing, an eligible employee for a continuous period of not less than 12 months, means the period of 12 months ending on the expiration of his or her last day of service.
 (2) This regulation applies to a person who:
 (a) has ceased to be an eligible employee by reason of:
 (i) death; or
 (ii) retirement on the ground of invalidity before attaining his or her maximum retiring age; and
 (b) was not, on his or her last day of service, a person in relation to whom regulation 8D applied.
 (3) Where this regulation applies to a person and:
 (a) the person:
 (i) immediately before his or her ceasing to be an eligible employee, has been an eligible employee for a continuous period of not less than 12 months; and
 (ii) has been during the whole or any part of his or her last year of service a prescribed eligible employee;
  and shift allowance has been payable on a regular basis to the person during that year; or
 (b) if paragraph (a) does not apply in relation to the person:
 (i) the person became a prescribed eligible employee within the period of 12 months ending on the expiration of his or her last day of service;
 (ii) shift allowance has been payable on a regular basis to the person during the period commencing on the day within the period referred to in subparagraph (i) on which the person became a prescribed eligible employee or, if the person became a prescribed eligible employee on more than one occasion within that period, on the day within that period on which the person last became a prescribed eligible employee and ending on the expiration of his or her last day of service; and
 (iii) a certificate in respect of the person has been given under subregulation (4);
then, the annual rate of salary of the person on his or her last day of service shall be an amount equal to whichever is the less of:
 (c) the amount ascertained in accordance with the formula:
  ; and
 (d) the amount ascertained in accordance with:
 (i) in the case of a person in relation to whom paragraph (a) applies—the formula:
  ; or
 (ii) in the case of a person in relation to whom paragraph (b) applies—the formula:

where:
A is the highest amount of salary paid or payable to the person in respect of a