Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p31
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 31/106)
Character Range: 186181–188948

immediately before an anniversary of birth on which he/she was a casual member if:

         (i) he/she worked full‑time for a year ending on that anniversary; and

             (ii) he/she received throughout that year the hourly rate of basic salary and recognised allowances, if any, applicable to the duties he/she undertook (including in respect of any hours not being worked, hours that attracted compensation payments):

              (A) on the anniversary of birth; or

                  (B) when next undertaking duties after the anniversary of birth, if he/she had no duties on the anniversary of birth.

CSC may use alternative salary for average salary purposes
3.5.3 CSC may use an alternative average salary in circumstances where it considers that the average salary calculated in Rule 3.5.1 is not in accordance with the spirit of the Rules and would lead to inequitable treatment between members.

When last day of membership counts as a birthday
3.5.4 A regular member's last day of membership which occurs immediately before the anniversary of his/her birth is counted as an anniversary of his/her birth.

Birthdays and salary when a member of the CSS scheme
3.5.5 If a regular member was an eligible employee for the purposes of the Superannuation Act 1976 immediately before becoming a member, the anniversaries of birth last occurring before becoming a member, together with the annual rate of salary applicable under section 5 of that Act to the person on those days, or any higher salary in respect of which the person was contributing because of section 47 of that Act, will be taken into account, if  required, to calculate average salary.  The day of becoming an eligible employee counts as an anniversary of birth.

Leap year birthdays
3.5.6 If a regular member was born on 29 February his//her anniversary of birth in any year that is not a leap year is taken to occur on 1 March.
Division 6

Average salary — birthdays
3.6.1 The average salary on any day of a casual member is the average of his/her salary for average salary purposes (see Rules 3.6.2 and 3.6.3) payable or applicable on:
         (a) if the casual member's period of membership encompasses three or more anniversaries of his/her birth, each of the three anniversaries of his/her birth that  precede that particular day, or the anniversary of birth that occurs on that day and the two anniversaries of birth that precede it (see Rules 3.6.5, 3.6.6 and 3.6.7); or
         (b) if the casual member's period of membership does not encompass three anniversaries of his/her birth, each of the anniversaries of his/her birth (see Rules 3.6.5, 3.6.6 and 3.6.7), if any, in the period of his/her membership and his/her first day of membership (if not an anniversary of his/her