Document ID: chunk:federal_register_of_legislation:F2024C00260:clause:1_69:p7
Version: federal_register_of_legislation:F2024C00260
Segment Type: clause
Provision Reference: sch 1 cl 69 (pt 7/17)
Character Range: 1815193–1817565

in the year for which the calculation is being made.

5 Meaning of aft,r
 (1) For step 1 of the method mentioned in clause 2:
aft,r is:
 (a) if the benefit is payable to, or in relation to, a person under section 22 or subsection 23 (3) of the PCS Act who has been entitled to receive salary for less than 7 years — one seventh of the period (measured in years and fractions of a year) for which the person had been entitled to receive salary at the relevant date; or
 (b) in any other case — the factor calculated in accordance with the formula:

where:
LPS0 is the period for which the person has been entitled to receive salary expressed in years and any fraction of a year, as at 1 July in the financial year in which the relevant date occurs.
t is:
 (a) if the person is less than 70 years on 30 June after the relevant date — the number of years in the period commencing on 1 July in the financial year in which the relevant date occurs and ending at the beginning of the calculation year; or
 (b) if the person is 70 years or more on 30 June after the relevant date — 0.
 (2) In this clause:
anniversary date, of a person, means the anniversary of the later of:
 (a) the date on which the person was first elected to the New South Wales Parliament; or
 (b) the date on which the person was again elected to the New South Wales Parliament following defeat, or failure to stand, at an election after the election at which he or she was first elected.
fraction of a year means the quotient of:
 (a) the number of days that are not included in the number of complete years for which the person had been entitled to receive salary; and
 (b) any of the following that apply:
 (i) if the length of the period for which the person had been entitled to receive salary at the relevant date is less than 1 complete year and the date '29 February' occurs in the 12 months commencing on the date on which the person first became entitled to receive salary — 366;
 (ii) if the length of the period for which the person had been entitled to receive salary at the relevant date is more than 1 complete year and the date '29 February' occurs in the 12 months commencing on the person's most recent anniversary date in the financial year preceding the relevant date — 366;
 (iii) in any other case — 365.
 (3) If a person's anniversary date is '29 February', the person's most recent