Document ID: chunk:federal_register_of_legislation:C2014C00569:section:5:p1
Version: federal_register_of_legislation:C2014C00569
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 9333–11921

5  Application of increases to certain pensioners
 (1) This section applies to:
 (a) an eligible pensioner whose actual unit contribution is less than his actual unit entitlement other than a pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended, or section 110, 119J or 119K of the Superannuation Act 1922‑1971, applied;
 (b) an eligible pensioner in relation to whom section 52 of the Superannuation Act 1922 or of that Act as amended, or section 110, 119J or 119K of the Superannuation Act 1922‑1971, applied and who had neglected to contribute, or had elected not to contribute, for a unit of pension (including a fraction of a unit of pension) for which he was eligible or required to contribute;
 (c) an eligible pensioner whose pension became payable under the proviso to section 29, or under section 39, of the Superannuation Act 1922 or of that Act as amended, or under section 60M, or paragraph (a) of subsection (2) of section 60O, of the Superannuation Act 1922‑1924 or of that Act as amended;
 (d) an eligible pensioner in relation to whom one or more units of pension are applicable as non‑contributory units of pension; or
 (e) an eligible pensioner who entered into an agreement with the Board under section 73 of the Superannuation Act 1959 or gave a notice to the Board under section 33 of the Superannuation Act 1963 and whose pension was reduced by reason of his not having paid an amount of, or of interest upon, contributions the payment of which was deferred;
but does not apply to an eligible pensioner who is in receipt of a deferred pension.
 (2) Where an eligible pensioner to whom this section applies is entitled under the preceding provisions of this Act to an increase in the amount of the annual pension that is payable to him, he is, subject to this Act, in lieu of the increase to which, but for this section, he would have been entitled in accordance with those provisions, entitled to an increase that bears to the increase to which he would have been so entitled the same proportion as the amount of the annual pension that was payable to him immediately before the commencing date bears to the amount of the annual pension that would have been payable to him immediately before that date if he were not an eligible pensioner to whom this section applies.
 (3) In calculating for the purposes of the last preceding subsection the amount of the annual pension that was payable to an eligible pensioner immediately before the commencing date or the amount of the annual pension that would have been payable to