Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:56:p1
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 56 (pt 1/2)
Character Range: 3518–6710

56                   Omit subsection (1), substitute the following:
                     '(1) Where:
                            (a) a person is entitled to standard age retirement pension by virtue of subsection 55 (1); and
                            (b) either:
                               (i) he became an employee for the purposes of the superseded Act before 14 December 1959 and did not, after becoming such an employee, cease at any time before the commencing day to be such an employee; or
                               (ii) he became such an employee on or after that date and his period of contributory service is not less than 20 years;
                          then, subject to subsection (2) and except where subsection 213 (2) or 214 (2) applies, the annual rate of that pension is 50 per centum of his final annual rate of salary.
                          '(1A) For the purposes of subparagraph (1) (b) (i), where at any time before the commencing day:
                            (a) a person had ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties;
                            (b) that person had, upon his ceasing to be such an employee, become entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948;
                            (c) that person again became an employee for the purposes of the superseded Act; and
                            (d) the pension referred to in paragraph (b) was cancelled under subsection 65 (3) of the superseded Act upon his again becoming such an employee;
                          that person shall be deemed not to have ceased during the period of his retirement to be an employee.'
                     Insert in subsection (2) 'then, except where subsection 213 (2) or 214 (2) applies,' immediately before 'the annual rate of that pension'
                     Omit subsections (3) and (4), substitute the following:
                          '(3) Where:
                            (a) a person became an employee for the purposes of the superseded Act on or after 14 December 1959;
                            (b) the person is entitled to standard age retirement pension by virtue of subsection 55 (1); and
                            (c) his period of contributory service is less than 20 years;
                          then, except where subsection 213 (2) or 214 (2) applies, the annual rate of that pension is an amount per annum calculated in accordance with the formula:

                          where:
                          FS is the person's final annual rate of salary.
                          RP is such percentage as, having regard to the number of complete years included in that period of contributory service, is applicable in accordance with Table 2 in Schedule 1 or, in a case to which subsection (3A) applies, the substituted percentage specified in that subsection.
                          '(3A) If the period of contributory service of a person referred to in subsection (3) exceeds 10 years and consists of