Document ID: chunk:federal_register_of_legislation:F2011C00487:reg:10:p1
Version: federal_register_of_legislation:F2011C00487
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 108573–117847

10                                                                                                                                              An interest that a person has in the CSS if he or she:                                                                                                                                  (IP × Fy+m) + (NIP × Gy+m)
                                                                                                                                                 (a) is entitled to a pension (other than an orphan pension or associate pension) under the Act; or
                                                                                                                                                 (b) would be entitled to a pension of that kind if the pension had not been suspended under section 73A of the Act.
                                                                                                                                                                                                                                                                                                                                        where:

                                                                                                                                                                                                                                                                                                                                        IP is:
                                                                                                                                                                                                                                                                                                                                         (a) in the case of a pension that is an invalidity pension, or a spouse's pension that became payable on the death of an eligible employee or on the death of a pensioner to whom invalidity pension was payable — the part of the person's annual pension that is subject to indexation in accordance with the consumer price index at the operative time:
                                                                                                                                                                                                                                                                                                                                         (i) less any part of the pension that takes account of the existence of 1 or more eligible children or partially dependent children; and
                                                                                                                                                                                                                                                                                                                                               (ii) disregarding any reduction or suspension under section 73A of the Act; and
                                                                                                                                                                                                                                                                                                                                         (b) in any other case — the person's annual pension (if any) that is subject to indexation in accordance with the consumer price index at the operative time, less any part of the pension that takes account of the existence of 1 or more eligible children or partially dependent children.

                                                                                                                                                                                                                                                                                                                                        Fy+m is the factor calculated by:

                                                                                                                                                                                                                                                                                                                                        where:

                                                                                                                                                                                                                                                                                                                                        Fy is the valuation factor for the person's gender and type of pension mentioned in Table 4 in this Schedule that applies at the person's age in completed years at the operative time.
                                                                                                                                                                                                                                                                                                                                        m is the number of complete months of the person's age that are not included in the completed years of age at the operative time.

                                                                                                                                                                                                                                                                                                                                        Fy+1 is the valuation factor for the person's gender and type of pension mentioned in Table 4 in this Schedule that would apply to the person if the person's age in completed years were one year more than it is at the operative time.
                                                                                                                                                                                                                                                                                                                                        NIP is:
                                                                                                                                                                                                                                                                                                                                         (a) in the case of a pension that is an invalidity pension, or a spouse's pension that became payable on the death of an eligible employee or on the death of a pensioner to whom invalidity pension was payable — the part of the person's annual pension that is fixed in nominal dollars at the operative time:

                                                                                                                                                                                                                                                                                                                                               (i) less any part of the pension that takes account of the existence of 1 or more eligible children or partially dependent children; and

                                                                                                                                                                                                                                                                                                                                               (ii) disregarding any reduction or suspension under section 73A of the Act; and
                                                                                                                                                                                                                                                                                                                                         (b) in any other case — the person's annual pension (if any) that is fixed in nominal dollars at the operative time.
                                                                                                                                                                                                                                                                                                                                        Gy+m is the factor calculated by:

                                                                                                                                                                                                                                                                                                                                        where:

                                                                                                                                                                                                                                                                                                                                        Gy