Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:68:p1
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 68 (pt 1/2)
Character Range: 23514–26360

68                   Omit subsection (2), substitute the following subsections:

                      '(1A) Where a person who makes an election under subsection (1) is a person who became an employee for the purposes of the superseded Act before 14 December 1959 and did not, after becoming such an employee, cease at any time before the day preceding his or her previous entitlement day to be such an employee, then, subject to subsection (3) and except where subsection 223 (3) or 224 (3) applies, the annual rate of the pension to which the person is entitled is 50% of that person's final annual rate of salary.
                      '(1B) For the purposes of subsection (1A), where at any time before his or her previous entitlement day:
                      (a) a person had ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his or her duties;
                      (b) that person had, upon ceasing to be such an employee, become entitled to a relevant pension;
                      (c) that person again became an employee for the purposes of the superseded Act; and
                      (d) the relevant pension was cancelled under subsection 65 (3) of the superseded Act upon the person's again becoming such an employee;
                     that person shall be deemed not to have ceased during the period of his or her retirement to be an employee.
                      '(2) Where a person who makes an election under subsection (1) is a person who became an employee for the purposes of the superseded Act on or after 14 December 1959, then, subject to subsection (3) and except where subsection 223 (3) or 224 (3) applies, the annual rate of the pension to which the person is entitled is:
                      (a) if the period of prospective service of the person is not less than 20 years — 50% of that person's final annual rate of salary; or
                      (b) if the period of prospective service of the person is less than 20 years — an amount per annum calculated in accordance with the formula:
                     where:
                     FS is the person's final annual rate of salary.
                     RP is such percentage as, having regard to the number of complete years included in that period of prospective service, is applicable in accordance with Columns 1 and 3 in Schedule 4 or, in a case to which subsection (2A) applies, the substituted percentage specified in that subsection.
                      '(2A) If the period of prospective service of a person referred to in paragraph (2) (b) exceeds 10 years and consists of a number of complete years and a part of a year, the substituted percentage referred to in the definition of factor RP in that paragraph is the percentage