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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 149

Working out reserve pay

Reserve pay for persons who were part-time Reservists

(1)
The reserve pay for a week for a person who was a part-time Reservist immediately before beginning his or her last period of continuous full-time service is the amount worked out using the following formula:

Note: The expressions used in this subsection are defined in subsection (4).

(2)
The person's service chief must advise the Commission in writing of the date on which each compensable pay-related allowance would normally have ceased to be paid to the person if:

(a) the person were still a part-time Reservist; and
(b) the Reservist were not incapacitated for service.

Reserve pay for persons who were not part-time Reservists

(3)
The reserve pay for a week for a person who was not a part-time Reservist immediately before beginning his or her last period of continuous full-time service is nil.

Definitions

(4)
In this section:

"amount of pay-related allowances "for a person for a day means the total amount of compensable pay-related allowances that would have been paid to the person for the day if:

(a) the person were still a part-time Reservist; and
(b) the person were not incapacitated for service.

Note: The person's pay-related allowances might be adjusted under Part 5.

"compensable pay-related allowance" for a person means a pay-related allowance:

(a) that was being paid to the person immediately before the person began his or her last period of continuous full-time service; or
(b) that would be paid to the person because the person is promoted, as mentioned in section 186.

example period for a person who was a part-time Reservist immediately before beginning his or her last period of continuous full-time service is:

(a) the latest period of one year:
(i) during which the person was a part-time Reservist; and
(ii) ending before the person began that continuous full-time service; or
(b) such other period that the Commission determines is reasonable.

"pay-related allowance days" for a person for a week means the average number of days (if any) served each week during the example period for which the person was paid an amount of pay-related allowances.

"rate of pay" for a person for a day means the amount of pay that the person would have been paid for the day as a part-time Reservist if:

(a) the person were still a part-time Reservist; and
(b) the person were not incapacitated for service.

Note: The person's rate of pay might be adjusted under Part 5.

"reserve days" for a person for a week means the average number of days (if any) served each week during the example period for which the person was paid as a part-time Reservist.



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