Document ID: chunk:federal_register_of_legislation:F2004C00170:reg:3:p7
Version: federal_register_of_legislation:F2004C00170
Segment Type: reg
Provision Reference: reg 3 (pt 7/8)
Character Range: 18364–21033

the aggregate of:
                                   (i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and
                                   (ii) the period that, for the purposes of section 28B of the Superannuation Act 1916 of the State of New South Wales as amended and in force immediately before 31 March 1977, would have been his or her period of contributory service if he or she had retired from his or her State employment within the meaning of subsection 127 (1) of the Act as modified by Schedule 8 of those Regulations on 30 March 1977.
                      period of prospective employment, in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of:
                               (a) the person's period of employment; and
                               (b) the period commencing on the day immediately following the person's last day of service and ending on the day on which the person will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier.
                      period of prospective service, in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of his or her period of contributory service and:
                               (a) except in the case of a person to whom paragraph (b) applies — the period commencing on the day immediately following the person's last day of service and ending on the day on which the person will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier; or
                               (b) in the case of a person who was, on his or her last day of service a partial contributor other than a person referred to in paragraph (c) of the definition of partial contributor in this subsection — the period that bears to the period referred to in paragraph (a) the same ratio as the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person on his or her last day of service, were the normal hours of duty of the person for the period that