Superannuation Act 1976

For the purposes of calculating the rate or amount of a benefit payable on a date worked out under section 110TB:

if the benefit became payable on the date on which the person attained the age of 65 years—the person is taken to be entitled to standard age retirement pension under subsection 55(1); and

if the benefit did not become payable on the date mentioned in paragraph (a)—the person’s age on the date on which the benefit became payable is substituted for the person’s age on his or her last day of service; and

the person’s period of contributory service at the date of ceasing to be an eligible employee continues to be the person’s period of contributory service; and

the amount worked out under subsection (2) is taken to be the person’s final annual rate of salary; and

if the person has made an election under section 110TBA—the person is taken to have elected:

to receive age retirement pension at a reduced rate under section 57AA; or

to receive early retirement benefit at a reduced rate under section 61AB;

The amount mentioned in paragraph (1)(d) is an amount equal to the amount per annum that CSC determines would have been the final annual rate of salary of the person on the day immediately before the date on which the benefit became payable if:

the person had not ceased to be an eligible employee; and

the person had continued to occupy the office or position in respect of which the person’s final annual rate of salary was calculated; and

the following subparagraphs applied in respect of the period starting on the day when the person became a person mentioned in subsection 110TC(1) and ending on the day immediately before the day on which the benefit became payable:

in respect of so much of the period as occurred before 1 July 2003—account were taken of any generally‑applying increase (including an increase resulting from the process of work‑place bargaining) in annual rate of salary that would have occurred had the person continued to be an eligible employee and continued to occupy the office or position in respect of which the person’s final annual rate of salary was calculated, other than an excluded increase;

in respect of so much of the period as occurred on or after 1 July 2003—the person’s annual rate of salary had been increased by the same percentage as any overall percentage increase in AWOTE that occurred over the period (being an overall percentage increase worked out from estimates of changes in AWOTE in respect of the period published by the Australian Statistician, other than estimates published in substitution for earlier estimates).

For the purposes of paragraph (2)(c), an excluded increase is an increase that falls within either or both of the following paragraphs:

an increase resulting from the person’s progressing to a higher level of salary within a graduated range of salaries applicable to the office or position held by the person;

any allowance (including an allowance in the nature of salary such as Senior Officer allowance) or penalty payment (including a payment in the nature of salary such as shift allowance) that was not included in the person’s final annual rate of salary when the person ceased to be an eligible employee.