Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p11
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 11/18)
Character Range: 68140–71154

216. Sections 217 and 218 apply to a prescribed person who was, immediately before the commencing day, contributing under the superseded Act for units of pension at rates based on a retiring age of 60 years.
                         217. (1) Where a person, being a prescribed person to whom this section applies, is entitled to standard age retirement pension by virtue of subsection 55 (2), the annual rate of that pension is the amount per annum equal to the aggregate of:
                           (a) the amount per annum to which he would be entitled in accordance with subsection 56 (4) if he were not a prescribed person to whom this section applies; and
                           (b) the amount in dollars ascertained in accordance with the formula:

                         (2) For the purpose of the application in relation to a prescribed person to whom this section applies of the formula in subsection (1):
                         A is the number of units of pension for which the person was, on 30 June 1976, contributing under the superseded Act at rates based on a retiring age of 60 years.
                         B is the number of complete years in the person's period of previous service.
                         C is:
                           (a) except where paragraph (b) applies — the number of complete years in the aggregate of:
                              (i) the person's period of previous service; and
                              (ii) the period that commenced on the person's first day of service and ended on the day on which he attained the age of 59½ years; or
                           (b) where, before the commencing day:
                              (i) the person attained the age of 59½ years; or
                              (ii) the person completed payment of contributions for the units of pension for which he was contributing at rates based on a retiring age of 60 years;
                           the number of complete years in the person's period of previous service.
                         D is such percentage as, having regard to the person's age on his last day of service and to the number of complete years in his period of contributory service, is applicable to him in accordance with Schedule 9.
                         E is:
                           (a) except where paragraph (b) applies — the number of dollars in the prescribed amount in relation to the person; or
                           (b) if:
                              (i) the person became an employee for the purposes of the superseded Act on or after 14 December 1959;
                              (ii) the number of complete years, where he ceased to be an eligible employee on attaining the age of 60 years, in his period of contributory service and any period during that period when the person was on leave of absence of a kind specified in section 218A is less than 20 years or, where he ceased to be an eligible employee after attaining that age, the number of