Document ID: chunk:federal_register_of_legislation:C2004A05281:clause:6_38
Version: federal_register_of_legislation:C2004A05281
Segment Type: clause
Provision Reference: sch 6 cl 38
Character Range: 71724–72509

38  After subsection 75(4)
Insert:
 (4A) If:
 (a) because of subsection (1), a person becomes entitled to retirement pay under section 23; and
 (b) paragraphs 4(b), (c) and (d) apply to a person; and
 (c) the person's surcharge deduction amount exceeds the amount of the person's productivity superannuation benefit;
the rate at which retirement pay is payable to the person is the amount per annum worked out by using the formula:
where:
basic rate means the amount per annum referred to in subsection (4).
conversion factor is the factor that is applicable to the person under the determination made by the Authority under section 124A.
excess means the amount by which the person's surcharge deduction amount exceeds the amount of the person's productivity superannuation benefit.