Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p16
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 38786–41405

no legal personal representative can be found, to any individual or individuals that the Board determines".

98. Paragraphs 110TC(2)(c) and (d):

Omit, substitute:

"(c) account were taken of any generally-applying increase (including an increase resulting from the process of work-place bargaining) in annual rate of salary that would have occurred had the person continued to be an eligible employee and continued to occupy that office or position, other than an excluded increase.".

99. Section 110TC:

Add at the end:

"(3) For the purposes of paragraph (2)(c), an excluded increase is an increase that falls within either or both of the following paragraphs:

    (a) an increase resulting from the person's progressing to a higher level of salary within a graduated range of salaries applicable to the office or position held by the person;

SCHEDULE 2—continued

    (b) any allowance (including an allowance in the nature of salary such as Senior Officer allowance) or penalty payment (including a payment in the nature of salary such as shift allowance) that was not included in the person's final annual rate of salary when the person ceased to be an eligible employee.".

100. Before section 111:

Insert in Part VII:

Relationship between this Act and SIS Act

"111A.(1) If, apart from this section, a benefit would be payable in cash to a person under this Act but, under the SIS Act, the benefit, or a part of the benefit, is not permitted to be paid in cash to the person, then, despite any other provision of this Act, the benefit, or the part of the benefit, as the case may be, is not to be paid in cash to the person and the following provisions of this section apply.

"(2) If the benefit or the part of the benefit consists only of a lump sum, the benefit must:

    (a) be preserved in a preservation fund nominated by the person or applied to the purchase of a deferred annuity nominated by the person; or

    (b) if, within 90 days after the day on which, apart from this section, the benefit would have been payable in cash to the person, the person fails to make a nomination—be paid, for the benefit of the person, to an eligible roll-over fund nominated by the Board.

"(3) If the benefit or the part of the benefit includes a pension that would have been payable under section 55 or 59, Part VIB applies as if payment of the benefit had been postponed under that Part.

"(4) If the benefit would have been payable under Division 3 of Part IX, deferred benefits continue to be applicable in respect of the person until:

    (a) the 65th anniversary of the person's birth; or

    (b) if,