Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p7
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 7/18)
Character Range: 57121–60159

prescribed person but had become on the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1).
                         (4) For the purpose of the application in relation to a prescribed person to whom this section applies of a formula in this section:
                         A is the number of units by which the number of units of pension ascertained in accordance with subsection 20 (2) of the superseded Act as it applied in relation to the prescribed person at the relevant time exceeds:
                           (a) except where paragraph (b) applies — the total number of units of pension referred to in paragraph (1) (a); or
                           (b) where section 213 applies to the prescribed person — the aggregate of the total number of units of pension referred to in paragraph (1) (a) of this section and the number of units of pension referred to in paragraph 213 (4) (a) or subparagraph 213 (4) (b) (i) or (ii), as the case may be, in relation to the prescribed person; and
                         B is:
                           (a) where the prescribed person is or has been an approved part-time employee:
                              (i) if that part of the prescribed person's period of employment, within the meaning of subsection 3 (1) as modified by the Superannuation (Approved Part-time Employees) Regulations, that commenced on the commencing day consists exactly of a number of complete years — the number of complete years included in that period; or
                              (ii) if that period of employment consists of a number of complete years and a part of a year — the sum of:
                                  (A) the number of complete years included in that period; and
                                  (B) the number of days in that part of a year divided by 365; or
                           (b) in any other case:
                              (i) if that part of the prescribed person's period of contributory service commencing on the commencing day consists exactly of a number of complete years — the number of complete years included in that period; or
                              (ii) if that period of contributory service consists of a number of complete years and a part of a year — the sum of:
                                  (A) the number of complete years included in that period; and
                                  (B) the number of days in that part of a year divided by 365.
                         215. (1) In this section, prescribed eligible employee means an eligible employee, being an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1), who:
                           (a) immediately before the commencing day, was a contributor to the existing Fund under Part III of the superseded Act; and
                           (b) elected under subsection 26 (3) of the superseded Act that section