Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p20
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 48728–51520

be an eligible employee and had continued to occupy the position held immediately before so ceasing,
    whichever is the greater;
     'relevant pension rate', in relation to an invalidity pensioner, means—
         (a) where the pensioner did not make an election under section 68 or 71—the annual rate of the invalidity pension of the pensioner; or
         (b) where the pensioner made such an election—the rate that would have been the annual rate of that pension if the pensioner had not made the election;

     'relevant percentage' means the percentage that represents A—B expressed as a percentage of B, where—
         A is the only, or earliest, all groups consumer price index number for the weighted average of the 8 capital cities published by the Australian Statistician in respect of the March quarter of 1987; and
         B is the only, or earliest, all groups consumer price index number for the weighted average of the 8 capital cities published by the Australian Statistician in respect of the June quarter of 1986.
"(2) Where rates at which invalidity pensions were payable immediately before the commencement of a prescribed year are increased in accordance with section 148, the rate that, immediately before that commencement, was (because of paragraph (a) of the definition of 'prescribed maximum rate' or the previous operation of this sub-section) the prescribed maximum rate is increased, with effect from that commencement, by the prescribed percentage, in relation to that prescribed year, of that rate.
"(3) Where an invalidity pensioner or a person acting on behalf of the pensioner gives the Commissioner particulars of the pensioner's personal earnings and an estimate of those earnings for the next 12 months (whether in compliance with a notice under sub-section 74 (1) or otherwise), the Commissioner shall estimate the amount per annum that is the annual rate of the personal earnings of the pensioner.
"(4) Subject to sub-sections (5) and (6) but notwithstanding any other provision of this Act, during any period during which the sum of the relevant pension rate of an invalidity pensioner and the earnings rate of the pensioner exceeds the relevant maximum rate for the pensioner, then—
     (a) where the lesser of the excess or of that earnings rate is less than the annual rate of the invalidity pension of the pensioner—the amount of the fortnightly instalments of that pension shall be ascertained as if the annual rate of the pension were reduced by the lesser of the excess or of that earnings rate; or
         (b) where the lesser of the excess or of that earnings rate is equal to or exceeds the annual rate of that pension—the pension is suspended.
"(5) If, after making a calculation for the purposes of sub-section (4), the Commissioner