Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:184:p8
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 184 (pt 8/18)
Character Range: 66842–69756

the commencing day an eligible employee other than an eligible employee referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) or a person who, immediately before the commencing day, was entitled to a relevant pension.
                      '(4) For the purpose of the application in relation to a prescribed person to whom this section applies of a formula in this section:
                     A is the number of units by which the number of units of pension ascertained in accordance with subsection 20 (2) of the superseded Act as it applied in relation to the prescribed person immediately before his or her previous entitlement day exceeds:
                      (a) except where paragraph (b) applies — the total number of units of pension referred to in paragraph (1) (a); or
                      (b) where section 223 applies to the prescribed person — the aggregate of the total number of units of pension referred to in paragraph (1) (a) and the number of units of pension referred to in paragraph 223 (4) (a) or subparagraph 223 (4) (b) (i) or (ii), as the case may be, in relation to the prescribed person; and
                     B is:
                      (a) where that part of the person's period of contributory service commencing on the commencing day consists exactly of a number of complete years — the number of complete years included in that period; or
                      (b) where that part of the person's period of contributory service commencing on the commencing day consists of a number of complete years and a part of a year — the sum of:
                      (i) the number of complete years included in that period; and
                      (ii) the number of days in that part of a year divided by 365.
                           '225 Prescribed eligible employee — annual rate of spouse's pension or spouse's standard pension

                      '(1) In this section, prescribed eligible employee means an eligible employee, being an eligible employee who, immediately before becoming an eligible employee, was an existing invalidity pensioner, who:
                      (a) immediately before his or her previous entitlement day was a contributor to the existing Fund under Part III of the superseded Act; and
                      (b) elected under subsection 26 (3) of the superseded Act that section 26 of that Act should not apply to him or her.
                      '(2) Where the spouse of a deceased prescribed eligible employee is entitled to spouse's benefit by virtue of subsection 81 (1), the annual rate of spouse's pension to which the spouse is entitled is:
                      (a) if the spouse does not make an election under section 83 or 84 — an amount per annum equal to whichever is the greater of:
                      (i) the amount by which the annual rate of the pension to which, but for this subsection,