Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:67:p2
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 67 (pt 2/2)
Character Range: 17982–19989

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 calculated in accordance with the formula:

                          where:
                          P is the percentage referred to in that definition; and
                          D is the number of days included in that part of a year.'.
                     Insert in subsection (3) 'then, subject to subsection (4) and except where subsection 213 (3) or 214 (3) applies' after 'exceeds 30 years'
                     Omit subsection (4), substitute the following:
                          '(4) Where:
                            (a) a person to whom this section applies, at any time before the commencing day, ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties and, upon his so ceasing to be such an employee, became entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948;
                            (b) the pension referred to in paragraph (a) was cancelled under subsection 65 (3) of the superseded Act upon the person again becoming an employee for the purposes of that Act; and
                            (c) the person did not, at any time after that pension was so cancelled and before the commencing day, cease to be such an employee;
                          the annual rate of the pension to which the person is at any time entitled shall not be less than the annual rate at which the pension referred to in paragraph (a) would have been payable to the person at that time if that pension had not been cancelled.