Document ID: chunk:federal_register_of_legislation:C2006C00163:clause:1_40
Version: federal_register_of_legislation:C2006C00163
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 23208–24418

40  Paragraph 110TC(2)(c)
Repeal the paragraph, substitute:
 (c) the following subparagraphs applied in respect of the period starting on the day when the person became a person mentioned in subsection 110TC(1) and ending on the day immediately before the day on which the benefit became payable:
 (i) in respect of so much of the period as occurred before 1 July 2003—account were taken of any generally‑applying increase (including an increase resulting from the process of work‑place bargaining) in annual rate of salary that would have occurred had the person continued to be an eligible employee and continued to occupy the office or position in respect of which the person's final annual rate of salary was calculated, other than an excluded increase;
 (ii) in respect of so much of the period as occurred on or after 1 July 2003—the person's annual rate of salary had been increased by the same percentage as any overall percentage increase in AWOTE that occurred over the period (being an overall percentage increase worked out from estimates of changes in AWOTE in respect of the period published by the Australian Statistician, other than estimates published in substitution for earlier estimates).