Document ID: chunk:federal_register_of_legislation:F2011C00466:reg:141:p10
Version: federal_register_of_legislation:F2011C00466
Segment Type: reg
Provision Reference: reg 141 (pt 10/15)
Character Range: 50124–52711

subject to adjustment (if any) under section 144H — as if his or her final annual rate of salary on ceasing to be an eligible employee is the final annual rate of salary on retirement.

 "(3) For the purpose of calculating the pension entitlement, the following modifications apply:
 (a) to section 3:
 (i) subsection 3 (1) (definition of period of prospective service — omit 'an eligible employee', substitute 'employed'; and
 (b) to section 71:
 (i) subsection 71 (1) — omit the subsection;
 (ii) subsections 71 (2), (3) and (4) — omit 'a person makes an election under subsection (1) and';
 (iii) subsections 71 (5) and (6) — omit the subsections; and
 (c) to subsections 72 and 73:
 (i) omit the subsections; and
 (d) to section 79:
 (i) paragraph 79 (a) — omit 'eligible employee', substitute 'employee'.

"144G Benefits — spouses and children

 "A spouse or child of a deceased former eligible employee who was entitled to delayed updated pension is entitled to pension in accordance with Part VI:
 (a) in relation to the period of contributory service that ended on the day the former eligible employee ceased to be an eligible employee; and
 (b) in respect of the appropriate rate of pension ascertained under section 144B, 144C, 144D, 144E or 144F, as the case may be; and
 (c) subject to adjustment (if any) under section 144H — as if the former eligible employee's final annual rate of salary on ceasing to be an eligible employee is the final annual rate of salary on death or retirement, as the case may be.

144H CPI update of final salary

 "(1) For paragraphs 144B (1) (b) and 144C (1) (b), subparagraph 144D (1) (c) (ii) and paragraphs 144F (2) (b) and 144G (c), the final annual rate of salary of a former eligible employee on ceasing to be an eligible employee is taken to be:

  where:
CPI1 is the CPI published for the last complete quarter that ends on or before the day when the person ceased to be an eligible employee.
 CPI2 is the highest CPI in the published series that starts with CPI1 and ends with the last published CPI on or before the day when the person ceases employment.
 S is the actual final annual rate of salary of the former eligible employee.

 "(2) Subject to subsection (3), if at any time after a benefit becomes payable under this Division, the Australian Statistician has published or publishes in respect of a particular quarter a CPI in substitution for a CPI previously published in respect of that quarter, the publication of the later CPI is to be disregarded for the purposes of this section.

 "(3) If, at any time, the Australian