Document ID: chunk:federal_register_of_legislation:C2011C00795:section:3:p2
Version: federal_register_of_legislation:C2011C00795
Segment Type: section
Provision Reference: s 3 (pt 2/5)
Character Range: 3504–6185

units of pension that would have been applicable in relation to him under subsection (2) of section 20 of the Superannuation Act 1922‑1967 at the thirtieth day of June, One thousand nine hundred and sixty‑seven, if he had not retired and had been in receipt of an annual salary equal to his notional annual salary.

eligible pensioner means:
 (a) a person to whom, immediately before the commencing date, a pension was payable by virtue of that person having been a contributor, being a pension that commenced to be payable before the thirtieth day of June, One thousand nine hundred and sixty‑seven; or
 (b) a non‑contributing pensioner.

non‑contributing pensioner means a person to whom, immediately before the commencing date, a pension was payable (otherwise than as a widow) by virtue of section 9 or section 14 of the Superannuation Act (No. 2) 1956.

notional annual salary, in relation to an eligible pensioner, means such annual salary as the Treasurer, having regard to general increases in the rates of salaries of contributors that occurred after the relevant time, determines to be the salary that, as at the thirtieth day of June, One thousand nine hundred and sixty‑seven:
 (a) in the case of a pensioner who is not a non‑contributing pensioner, corresponded with the annual salary that was payable to him at the relevant time; or
 (b) in the case of a pensioner who is a non‑contributing pensioner, corresponded with:
 (i) the annual salary that was payable to him at the relevant time; or
 (ii) the minimum annual salary that, at the commencement of the Superannuation Act 1922, entitled an employee to contribute for four units of pension
whichever is the less.

the commencing date means the date of commencement of this Act.

the relevant amount:
 (a) in relation to an eligible pensioner not being a pensioner in relation to whom paragraph (b), (c), (d) or (e) of this definition applies—means the amount of Sixty‑five dollars;
 (b) in relation to an eligible pensioner whose actual unit contribution is less than his actual unit entitlement, not being a pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended applied or in relation to whom paragraph (d) or (e) of this definition applies—means such amount as bears to the amount of Sixty‑five dollars the same proportion as his actual unit contribution bears to his actual unit entitlement;
 (c) in relation to an eligible pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended applied and who had neglected to contribute, or had elected not to contribute, for a unit of pension (including a fraction of a unit of pension)