Document ID: chunk:federal_register_of_legislation:F2005C00110:body:0:p36
Version: federal_register_of_legislation:F2005C00110
Segment Type: other
Provision Reference: 
Character Range: 82359–84961

rate of salary)

2.1 Subsection 5 (2):

  Omit the subsection, substitute:
 (2) The annual rate of salary on a particular day of a person who is referred to in paragraph 3A (1) (h) of the Superannuation (Continuing Contributions for Benefits) Regulations is:
 (a) an amount equal to the amount of salary per year payable on that day in respect of the office that the person held immediately before becoming eligible for a mobility allowance; or
 (b) if the person makes an election under subsection 47A (1) — the maximum amount per year of mobility allowance payable to a person.

3. Section 47 (Decreases in salary)

3.1 Add at the end:
 (5) This section does not apply to an eligible employee who makes an election under subsection 47A (1).

4. New section 47A

4.1 After section 47, insert:

      47A Election relating to mobility allowance

 (1) An eligible employee who:
 (a) is eligible to be paid a mobility allowance; or
 (b) would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;
 (in this regulation called the applicant may) make an election in writing to the Commissioner to have the applicant's annual rate of salary taken to be the maximum amount per year of mobility allowance payable to a person.

 (2) The applicant must make the election not later than 3 months after the day on which the applicant:
 (a) becomes eligible to be paid a mobility allowance; or
 (b) would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.

 (3) If:
 (a) the applicant makes an election under subsection (1); and
 (b) as a consequence of the election, the applicant's annual rate of salary is less than the annual rate of salary:
 (i) payable to the applicant on the last anniversary of the applicant's birth before the date of the election; or
 (ii) taken, under subsection 47 (1) or (3), to have been payable to the applicant on the last anniversary;
the applicant's annual rate of salary on the last anniversary of the applicant's birth before the day on which the applicant:
 (c) became eligible to be paid a mobility allowance; or
 (d) would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;
is taken to be the applicant's annual rate of salary immediately after the election for the purpose of calculating the amount of the basic contribution payable by the applicant on each contribution day after the date of the election and before the first anniversary of the applicant's birth after that date.

5. Section 51