Document ID: chunk:federal_register_of_legislation:F2013L00456:reg:10:p1
Version: federal_register_of_legislation:F2013L00456
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 11655–14356

10  Reduction of spouse allowance payable after operative time
 (1) For subsection 4AE(3) of the Act, the rate applicable under paragraph 4(3)(a) of the Act is reduced to the amount calculated as follows:

      Method statement
           Step 1. Identify the annual rate of the retirement allowance that would have been payable had the Governor General retired on the date of his or her death, disregarding subsection 4(4) of the Act.
           Step 2. Identify the annual rate of the retirement allowance that would have been payable had the Governor General retired at the operative time, disregarding subsection 4(4) of the Act.
           Step 3. Identify the annual rate of the retirement allowance that would have been payable had the Governor General retired at the operative time, having regard to subsection 4(4) of the Act.
           Step 4. Calculate an amount using the formula:

            where:
            Fy is the number in Table 2 that applies to the member spouse's gender, and age in whole years, when the member spouse would have been expected to complete his or her term of office (based on the information available at the operative time).
            Fy+1 is the number in Table 2 that would apply to the member spouse if the member spouse's age in whole years was one year more than it was when the member spouse would have been expected to complete his or her term of office.
            m is the number of whole months of the member spouse's age that are not included in the member spouse's age in whole years when the member spouse is expected to complete his or her term of office.
           Step 5. Multiply the amount calculated in step 3 by the amount calculated in step 4.
           Step 6. Calculate an amount using the formula:

            where:
            n is the number of days between the operative time and the time the member spouse would have been expected to complete his or her term of office (based on the information available at the operative time), divided by 365.
            Example: If a payment split occurs after 2 years of an expected 5 year term, the number of days between the operative time and time the member spouse would have been expected to complete his or her term of office is 1095 (i.e. 3 x 365). So, n is 3 (i.e. 1093 ÷ 365).
           Step 7. Multiply the amount calculated in step 5 by the amount calculated in step 6.
           Step 8. Divide the transfer amount by the amount calculated in step 7.
           Step 9. Multiply the amount calculated in step 3 by the amount calculated in step 8.
           Step 10. Divide the amount calculated in step 9 by the amount identified in step 2.
           Step 11. Multiply