Document ID: chunk:federal_register_of_legislation:F2022C00514:schedule:7:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: schedule
Provision Reference: sch 7 (pt 1/2)
Character Range: 251551–253998

Schedule 7—Calculation of final average salary
(Schedule 1, definition of final average salary)

 1. The final average salary, in relation to a person who is or was a member, is an amount equal to:
 (a) in the case of a person with less than 1 095 days of service—the amount worked out using the formula:

  where:
  salary, in relation to the person, means the amount of salary payable to the person during his or her service; and
  number of days of service, in relation to the person, means the number of days of service of the person; or
 (b) in any other case—one‑third of the amount of salary payable to the person during his or her last 1 095 days of service.
 2. For the purpose of ascertaining the amount of salary payable to a person during his or her service or service or last 1 095 days of service, as the case may be, in a case where that service included a period in respect of which the person:
 (a) was in receipt of half‑pay; or
 (b) was not entitled to be paid salary; or
 (c) forfeited his or her salary;
salary is taken to have been payable to the person in respect of that period as if the person were on full pay.
 2A. For the purpose of ascertaining the amount of salary payable to a person during his or her service or service (or last 1 095 days of service) as a trainee other ranks who became entitled to an invalidity benefit or died, the person's salary, for the period of trainee service, is the maximum increment (less service allowance) that is applicable in the period to:
 (a) the rank of Private Group 1 in the Army; or
 (b) the equivalent rank in the Air Force or Navy that the trainee held.
 2B. For the purpose of ascertaining the amount of salary payable to a person during his or her service or service (or last 1 095 days of service) as a trainee officer who became entitled to an invalidity benefit or died, the person's salary, for the period of trainee service, is the greater of:
 (a) the maximum increment (less service allowance) that is applicable, in the period of the person's service, to the rank of Private Group 1; and
 (b) the maximum increment (less service allowance) that is applicable to the person in that period.
 3. In this Schedule:
service, in relation to a person, does not include service by the person before a break in the continuity of the person's service.
trainee means a person who is or was a trainee officer, or trainee other ranks, of the Permanent Forces when he or she