Document ID: chunk:federal_register_of_legislation:C2024C00465:section:75:p2
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 75 (pt 2/3)
Character Range: 186763–189511

of the number of complete years included in his total period of effective service and the amount of the annual rate of pay applicable to him immediately before his actual retirement.
 (3A) If:
 (a) because of subsection (1), a person becomes entitled to retirement pay under section 23; and
 (b) 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 (instead of the rate provided for in section 23) an amount per annum worked out by using the formula:

where:
basic rate means the amount per annum referred to in subsection (3).
conversion factor is the factor that is applicable to the person under the determination made by CSC 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.
Note: For productivity superannuation benefit see subsection 3(1).
 (4) Where:
 (a) by virtue of subsection (1), a person becomes entitled to retirement pay under section 23;
 (b) he is a person to whom paragraph 78(2)(d) applies;
 (c) he was, immediately before his actual retirement, an officer; and
 (d) at the time he becomes entitled to retirement pay, he had not attained the age that, having regard to his rank immediately before his actual retirement, is his notional retiring age as ascertained under Schedule 2;
then, subject to subsection (4A), the rate at which retirement pay is payable to him is the amount per annum that, but for this subsection, would be payable under subsection (3) of this section, reduced by 3% of that amount for each year included in the period equal to the difference between his age on his birthday last preceding the time when he becomes entitled to retirement pay and his notional retiring age as ascertained under Schedule 2.
 (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 CSC 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.
 (5) Where, upon the death of a person to whom paragraph 78(2)(b) applies, a person becomes entitled, by virtue of subsection