Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:67:p1
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 67 (pt 1/2)
Character Range: 15334–18247

67                   Insert in subsection (1) ', not being a prescribed person (within the meaning of Division 8 of Part XII) to whom section 213 or 214 applies,' after 'person'
                     Omit subsection (2), substitute the following:
                          '(1A) Where a person to whom this section applies is a person who became an employee for the purposes of the superseded Act before 14 December 1959 and did not, after becoming such an employee, cease at any time before the commencing day to be such an employee, then, subject to subsections (3) and (4), the annual rate of the pension to which the person is entitled is 70 per centum of that person's final annual rate of salary.
                          (1B) For the purposes of subsection (1A), where at any time before the commencing 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                            (a) a person had ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties;
                            (b) that person had, upon his ceasing to be such an employee, become entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948;
                            (c) that person again became an employee for the purposes of the superseded Act; and
                            (d) the pension referred to in paragraph (b) was cancelled under subsection 65 (3) of the superseded Act upon his again becoming such an employee;
                          that person shall be deemed not to have ceased during the period of his retirement to be an employee.
                          (2) Where a person to whom this section applies is a person who became an employee for the purposes of the superseded Act on or after 14 December 1959, then, subject to subsections (3) and (4), the annual rate of the pension to which the person is entitled is: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 — 70 per centum 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 2 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