Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8e:p2
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8E (pt 2/6)
Character Range: 39356–41759

whom paragraph (a) applies—the formula:
  ; or
 (ii) in the case of a person in relation to whom paragraph (b) applies—the formula:

where:
A is the highest amount of salary paid or payable to the person in respect of a pay period in relation to the person included:
 (e) in the case of a person in relation to whom paragraph (a) applies—in his or her final year of service; or
 (f) in the case of a person in relation to whom paragraph (b) applies—in the period referred to in subparagraph (b)(ii);
B is:
 (g) except where paragraph (h) applies—the number of pay periods in relation to the person included in his or her final year of service; or
 (h) if the person has been an eligible employee for a continuous period of less than 12 months immediately preceding his or her last day of service—the number of pay periods in relation to the person that would have been included in the period of 12 months ending on the expiration of his or her last day of service if the person had been an eligible employee during the whole of that period;
C is the annual rate of the salary (within the meaning of section 5 of the Act) payable to the person on his or her last day of service;
D is:
 (j) if paragraph (k) or (ka) does not apply—the total amount of shift allowance paid or payable to the person in respect of:
 (i) work or duties performed during the pay periods in relation to the person included in his or her final year of service; and
 (ii) any period of leave of absence during that year when the person was entitled to receive shift allowance;
 (k) if paragraph (ka) does not apply and shift allowance:
 (i) in respect of work or duties performed by the person during specified hours of duty (in this paragraph referred to as the relevant hours) on any day during his or her final year of service; or
 (ii) in respect of any period of leave of absence during that year when the person was entitled to receive shift allowance;
  was payable to the person at a rate that is not the same as the rate at which shift allowance would be payable to the person:
 (iii) in respect of the same work or duties if the person performed that work or those duties during the same relevant hours on his or her last day of service; or
 (iv) if the person were on leave of absence on his or her last day of service;
  as the case may be—the total amount of shift allowance that would have been payable to the person