Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p31
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 31/83)
Character Range: 480308–483163

the index number of the full‑time adult average weekly ordinary time earnings last published by the Australian Statistician before, or at the same time as the pensioner's last day of membership;
provided:
         (A) the New AWOTE index number exceeds the Old AWOTE index number; and
         (B) the factor is to be rounded up or down to the nearest one thousandth; and
         (C) any index number that is published by the Australian Statistician in substitution for an earlier published Old AWOTE or New AWOTE index number is to be disregarded for the purposes of this Rule; and
if the Australian Statistician changes the reference base for the index of full‑time adult average weekly ordinary time earnings, regard shall only be had to index numbers published in terms of the new reference base.
10.11.12 The annual rate of pension payable to an invalidity pensioner must, if the annual rate of pension is greater than the lesser of:
         (a) the annual personal earnings estimated under Rule 10.11.4; or
         (b) the amount by which Earnings exceed Notional Income, as calculated under Rule 10.11.9;
be reduced by the lesser of those amounts.
10.11.13 The annual pension payable to an invalidity pensioner must be suspended if the lesser of:
         (a) annual personal earnings estimated under Rule 10.11.4; or
         (b) the amount by which Earnings exceed Notional Income, as calculated under Rule 10.11.9;
is equal to or greater than the annual rate of pension.
10.11.14 CSC will specify when the reduction or suspension takes effect, not being a date earlier than the date the next payment of pension to the invalidity pensioner is payable, and notify the invalidity pensioner accordingly.
10.11.15 CSC may, at its discretion, pay arrears of pension where an invalidity pension has been reduced or suspended under Rule 10.11.9 if:
         (a) a later calculation under that Rule results in:
         (i) a higher rate of invalidity pension; or
             (ii) lifting the suspension and re‑commencement of payments of an invalidity pension; and
         (b) that higher rate of payment of re‑commenced pension would have been payable before the date the pension is increased or the suspension lifted.
10.11.16 No recovery of overpaid pension will be made if a calculation under Rule 10.11.9 results in a lower rate of invalidity pension or suspension of an invalidity pension and that lower rate or suspension would have applied during a period in respect of which invalidity pension has already been paid.
Division 12

Non‑disclosure by member
10.12.1 If:
    (a) CSC becomes aware that a member, who:
         (i) is not classified as a limited benefits member, and
         (ii) has not reached age 60; and
             (iii) has been a member for less than three years in his/her current period of membership;
         failed