Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p2
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 2/18)
Character Range: 44063–47066

amount referred to in paragraph (b) was paid to the Commonwealth.'
XII                  Add the following Division:
                              'Division 8 Benefits payable to or in relation to Former Contributors to the Existing Fund in respect of Units of Pension

                         212A. (1) In this Division, unless the contrary intention appears:
                         period of previous service, in relation to a prescribed person, means the period that is the aggregate of every period that is included in the person's period of contributory service:
                           (a) in the case of a prescribed person who is, or who has been, an approved part-time employee — by virtue of subparagraph (b) (iii) of the definition of period of contributory service in subsection 3 (1) as modified by the Superannuation (Approved Part-time Employees) Regulations; and
                           (b) in any other case — by virtue of paragraph (e) of the definition of period of contributory service in subsection 3 (1) as modified by regulation 4 of the Superannuation (Period of Contributory Service) Regulations.
                         prescribed amount, in relation to a prescribed person, means:
                           (a) except where paragraph (b) applies — the amount in dollars equal to the lowest number of dollars in the salary of the person for the purposes of section 20 of the superseded Act at any time during the period commencing on 4 February 1976 and ending on 30 June 1976; or
                           (b) if, on 30 June 1976, subsection 20B (1) of the superseded Act applied in relation to the person:
                              (i) except where subparagraph (ii) applies — the amount in dollars equal to the number of dollars in the salary of the person for the purposes of section 20 of the superseded Act immediately before subsection 20B (1) of the superseded Act commenced or last commenced to apply in relation to him; or
                              (ii) where subsection 20B (1) of the superseded Act commenced or last commenced to apply in relation to him on or after 4 February 1976 — the amount in dollars equal to the lowest number of dollars in the salary of the person for the purposes of section 20 of the superseded Act at any time during the period commencing on 4 February 1976 and ending on the day immediately preceding the day on which subsection 20B (1) of that Act so commenced to apply in relation to him.
                         prescribed person means a person:
                           (a) who has ceased to be an eligible employee, being an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1);
                           (b) who has not after so ceasing again become an eligible employee; and
                           (c) who:
                              (i) immediately before the commencing day, was, or would, but for subsection 100J (2), 107K (2), 110 (2) or 119K