SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS 1986 NO. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS 1986 NO. 48 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Application of the Act, &c., to certain persons SCHEDULE SCHEDULE 5 SCHEDULE 7 SCHEDULE 8 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Superannuation (Approved Part-time Employees) Regulations. 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - REG 2 Interpretation 2. In these Regulations, "the Act" means the Superannuation Act 1976. 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - REG 3 Application of the Act, &c., to certain persons 3. The Act and the provisions of the Act specified in the Schedule apply, subject to the modifications specified in the Schedule, to a person who is or has ceased to be an eligible employee, being a person who is, or has been on or after his or her first day of service, an approved part-time employee. 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - SCHEDULE SCHEDULE Regulation 3 MODIFICATIONS-PERSON WHO IS, OR AT ANY TIME AFTER HIS OR HER FIRST DAY OF SERVICE HAS BEEN, AN APPROVED PART-TIME EMPLOYEE PART I ------------------------------------------------------------------------------ -- Modifications ------------------------------------------------------------------------------ -- Section 3 After the definition of "basic contributions" in sub-section (1) insert the following definition: " 'basic work period', in relation to an eligible employee, means the period that is, under the terms and conditions of employment of the eligible employee, the period in relation to which a number of hours specified in, or ascertained in accordance with, those terms and conditions of employment, are to be taken to be the normal hours of duty of the eligible employee;". After the definition of "orphan pension" in sub-section (1) insert the following definition: " 'partial contributor' means- (a) an eligible employee who became, on his or her first day of service, an approved part-time employee and has continued to be, and is, such a part-time employee; (b) an eligible employee (other than an eligible employee referred to in paragraph (a)) who is an approved part-time employee and- (i) who has been an approved part-time employee for a continuous period of more than 12 months; or (ii) in respect of whom the Commissioner, being satisfied that there is a likelihood that the eligible employee will continue to be an approved part-time employee for a continuous period that, together with the immediately preceding period (if any) during which the eligible employee has continuously been an approved part-time employee, will exceed a period of 12 months, has given a certificate to that effect specifying the day (not being a day earlier than the day on which the certificate is given) on which the first-mentioned period is to commence; and (c) an eligible employee who- (i) is, and has been for a continuous period of not more than 12 months, employed on a full-time basis; and (ii) was, immediately before that period a person to whom paragraph (a) or (b) of this definition applied;". Omit the definitions of "period of contributory service" and "period of prospective service", substitute the following definitions: " 'period of contributory service', in relation to a person who has ceased to be an eligible employee, means- (a) except where paragraph (b) applies-the aggregate of- (i) the period equal to the period commencing on the person's first day of service and ending on the person's last day of service less- (A) any period during that period when the person was on leave of absence without pay and in respect of which sub-section 51 (1) applies or when the person was absent from duty and in respect of which sub-section 51A (1) applies; and (B) any period (excluding any part of it that is a period referred to in sub-sub-paragraph (A)) during that period when the person was a partial contributor; and (ii) the period that bears to the period that is equal to the aggregate of the periods commencing on or after the first day of service of the person when the person was a partial contributor (less any part of any of those periods that is a period referred to in sub-sub-paragraph (i) (A)) the same ratio as the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person, were the normal hours of duty of the person during those periods bears to the total number of hours that would have been the normal hours of duty of the person during those periods if at all times during those periods the person had performed his or her work or duties on a full-time basis, together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any period that, under section 8, is to be added to his or her period of contributory service; or (b) where the person was, immediately before ceasing to be an eligible employee, a person referred to in paragraph (a) of the definition of 'eligible employee' in this sub-section-the aggregate of- (i) the period ascertained in accordance with sub-paragraph (a) (i); (ii) the period ascertained in accordance with sub-paragraph (a) (ii); (iii) every period that, under section 194 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be a prescribed period of service in relation to the person; and (iv) every period that, under section 195 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be an additional period of service in relation to the person; 'period of employment', in relation to a person who has ceased to be an eligible employee, means- (a) except where paragraph (b) applies-a period equal to the period commencing on the person's first day of service and ending on the person's last day of service (less any period during that period when the person was on leave of absence without pay and in respect of which sub-section 51 (1) applies or when the person was absent from duty and in respect of which sub-section 51A (1) applies) together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any period that, under section 8A, is to be added to his or her period of employment; or (b) where the person was, immediately before ceasing to be an eligible employee, a person referred to in paragraph (a) of the definition of 'eligible employee' in this sub-section-the aggregate of- (i) the period commencing on the person's first day of service and ending on the person's last day of service less any period during that period when the person was on leave of absence without pay and in respect of which sub-section 51 (1) applies or when the person was absent from duty and in respect of which sub-section 51A (1) applies; (ii) every period that, under section 194 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be a prescribed period of service in relation to the person; and (iii) every period that, under section 195 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be an additional period of service in relation to the person; 'period of prospective employment', in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of- (a) the person's period of employment; and (b) the period commencing on the day immediately following the person's last day of service and ending on the day on which the person will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier; 'period of prospective service', in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of his or her period of contributory service and- (a) except in the case of a person to whom paragraph (b) applies-the period commencing on the day immediately following the person's last day of service and ending on the day on which the person will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier; or (b) in the case of a person who was, on his or her last day of service a partial contributor other than a person referred to in paragraph (c) of the definition of 'partial contributor' in this sub-section-the period that bears to the period referred to in paragraph (a) the same ratio as the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person on his or her last day of service, were the normal hours of duty of the person for the period that was the basic work period in relation to the person bears to the number of hours that would have been the normal hours of duty of the person for that last- mentioned period if during the whole of that period the person had performed his or her work or duties on a full-time basis;". 5 Omit from sub-section (2) "sub-section (3)", substitute "sub-sections (2A) and (3)". After sub-section (2) insert the following sub-sections: "(2A) For the purposes of this Act but subject to sub-section (3), the annual rate of salary on a particular day of an eligible employee who is on that day an approved part-time employee shall be deemed to be the amount per annum of the salary that would be payable to the eligible employee on that day if- (a) the eligible employee were on that day employed to perform on a full-time basis the work or duties that, under the terms and conditions of his or her employment, the eligible employee is required to perform; and (b) in the case of an eligible employee who is a prescribed partial invalidity pensioner-his or her entitlement to partial invalidity pension had been cancelled. "(2B) In sub-section (2A), 'prescribed partial invalidity pensioner' means- (a) an approved part-time employee entitled to partial invalidity pension in accordance with section 77, being an employee whose salary on any particular day would, if the employee were on that day employed to perform on a full-time basis the work or duties that, under the terms and conditions of his or her employment, the employee is required to perform, be equal to the salary that would have been payable to the employee on that day if the employee- (i) had not retired on the ground of invalidity on the day that was his or her last day of service before the employee became entitled to the invalidity pension that was payable to the employee immediately before the employee became entitled to partial invalidity pension in accordance with section 77; and (ii) had performed continuously on a full-time basis, during the period commencing on the day immediately following that last day of service of the employee and ending on the particular day, the work or duties in respect of which salary was payable to the employee on that last day of service; or (b) an approved part-time employee entitled to partial invalidity pension in accordance with section 78, being an employee whose salary on any particular day would, if the employee were on that day employed to perform on a full-time basis the work or duties that, under the terms and conditions of his or her employment the employee is required to perform, be equal to the salary that would have been payable to the employee on that day if the employee- (i) had not, by virtue of a decrease in salary, become entitled to partial invalidity pension in accordance with section 78; and (ii) had performed continuously on a full-time basis, during the period commencing on the day on which the employee became entitled to partial invalidity pension and ending on the particular day, the work or duties in respect of which salary was payable to the employee on the day immediately preceding the day on which he became entitled to partial invalidity pension.". 16 Omit from sub-section (5) "period of contributory service", substitute "period of employment". Omit from paragraph (11) (b) "period of contributory service", substitute "period of employment". 46 Omit the section, substitute the following section: Amount of basic contribution "46. (1) The amount of the fortnightly basic contribution payable by an eligible employee on a contribution day is- (a) except where paragraph (b) applies-an amount equal to 5 per centum of the fortnightly rate of salary that was payable (or is deemed by sub-section 5 (2A) or section 47 to have been payable) to the employee on the anniversary of his or her birth last preceding that contribution day (in this section referred to as the 'relevant anniversary' in relation to the eligible employee); or (b) where the eligible employee was, on the relevant anniversary in relation to the eligible employee, a partial contributor-an amount ascertained in accordance with the formula- AB -- C or, in either case, if that amount is not a multiple of 10 cents, the next higher amount that is such a multiple. "(2) In the application of the formula referred to in paragraph (1) (b) for the purpose of ascertaining the fortnightly basic contribution payable by an eligible employee on a contribution day- A is the amount of fortnightly basic contribution that would be payable by the eligible employee on the contribution day if paragraph (1) (a) applied in relation to him or her; B is- (a) except where paragraph (b) applies-the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the eligible employee, were the normal hours of duty of the eligible employee during the period commencing on the anniversary of the birth of the eligible employee last preceding the relevant anniversary in relation to the eligible employee and ending on the day immediately preceding that relevant anniversary; or (b) where the eligible employee became an approved part-time employee on his or her first day of service and the last anniversary of the birth of the eligible employee occurred before that day-the number of hours that, in accordance with the terms and conditions of employment applying in relation to the eligible employee on his or her first day of service, were the normal hours of duty of the eligible employee for the period that was the basic work period in relation to the eligible employee; and C is- (c) except where paragraph (d) applies-the total number of hours that would have been the normal hours of duty of the eligible employee during the period referred to in paragraph (a) if during the whole of that period the eligible employee had performed his or her work or duties on a full-time basis; or (d) where the eligible employee became an approved part-time employee on his or her first day of service and the last anniversary of the birth of the eligible employee occurred before that day-the number of hours that would have been the normal hours of duty of the eligible employee for the period that was the basic work period in relation to the eligible employee if during the whole of that period the eligible employee had performed his or her work or duties on a full-time basis. "(3) Where, during any period included in a period referred to in paragraph (a) of sub-section (2) in relation to an eligible employee, the eligible employee was an approved part-time employee other than a partial contributor, the eligible employee shall, for the purposes of that sub-section, be deemed to have, during the first-mentioned period, performed his or her work or duties on a full-time basis.". 66 Omit from paragraph (2) (d) "period of contributory service", substitute "period of employment". Omit from paragraph (2) (e) "period of contributory service", substitute "period of employment". 69 Omit from paragraph (1) (b) "period of prospective service", substitute "period of prospective employment". Omit paragraph (2) (b), substitute the following paragraph: "(b) the amount ascertained in accordance with the formula- AB -- 2C where- A is an amount per annum equal to the person's final annual rate of salary; B is the number of complete years included in the period of contributory service of the person; and C is the number of complete years included in the period of employment of the person". 70 Omit from paragraph (1) (b) "period of contributory service", substitute "period of employment". 71 Omit from paragraph (1) (b) "period of contributory service", substitute "period of employment". 72 Omit from paragraph (1) (b) "period of contributory service", substitute "period of employment". Omit paragraph (2) (b), substitute the following paragraph: "(b) the amount ascertained in accordance with the formula- AB -- 2C where- A is an amount per annum equal to the person's final annual rate of salary; B is the number of complete years included in the period of contributory service of the person; and C is the number of complete years included in the period of employment of the person". 73 Omit from paragraph (1) (b) "period of contributory service", substitute "period of employment". Omit paragraph (2) (b), substitute the following paragraph: "(b) the amount ascertained in accordance with the formula- AB -- 2C where- A is an amount per annum equal to the person's final annual rate of salary; B is the number of complete years included in the period of contributory service of the person; and C is the number of complete years included in the period of employment of the person". 75 Omit from paragraph (2) (a) "(not being employment on a part-time basis)", substitute "(not being, in the case of a pensioner who was employed on a full-time basis immediately before his retirement on the ground of invalidity, employment on a part-time basis or, in the case of a pensioner who was immediately before his retirement on the ground of invalidity a partial contributor, employment on a full-time basis)". 76 Omit from sub-section (2) "Where", substitute "Subject to sub-section (3), where" Add at the end the following sub-section: "(3) Where- (a) a person referred to in sub-section (2) was not, immediately before his becoming entitled to the invalidity pension referred to in paragraph (2) (a), a partial contributor; and (b) the person was, immediately before his again ceasing to be an eligible employee as referred to in paragraph (2) (c), a partial contributor, the annual rate of any pension that becomes payable under this Act to or in respect of the person upon or after his again ceasing to be an eligible employee as referred to in paragraph (2) (c) shall not be less than an amount per annum ascertained in accordance with the formula- AB -- C where- A is the amount per annum equal to the annual rate of the pension that, but for this sub-section, would be payable to or in respect of the person in accordance with sub-section (2); B is the total number of hours that, in accordance with the terms and conditions of employment applying from time to time in relation to the person, were his normal hours of duty during the period commencing on his first day of service and ending on his last day of service; and C is the total number of hours that would have been the normal hours of duty of the person during the period commencing on his first day of service and ending on his last day of service if during the whole of that period the person had performed his work or duties on a full-time basis.". 77 Omit from sub-section (1) all words to and including "retirement salary" and substitute "Where the amount per annum of the salary of a person referred to in section 76 on the day on which the person again becomes an eligible employee is less than the amount per annum of his retirement salary". Omit from sub-section (2) all words to and including "sub-section (1)", substitute "Where a person who is entitled to a partial invalidity pension in accordance with this section was a partial contributor on the day that was his last day of service before he became entitled to the invalidty pension that was payable to him immediately before he became entitled to the partial invalidity pension, the annual rate of partial invalidity pension payable at any time to the person". Omit from paragraph (2) (a) "annual rate" (first and second occurring), substitute in each case "amount per annum". Omit from paragraph (2) (a) all words from and including "C is an amount", substitute the following: "C is the amount per annum of his retirement salary; and D is the amount per annum of his salary; or". Omit from paragraph (2) (b) "annual rate" (first and second occurring), substitute in each case "amount per annum". After sub-section (2) insert the following sub-section: "(2A) Where a person who is entitled to a partial invalidity pension in accordance with this section was not a partial contributor on the day referred to in sub-section (2) in relation to the person, the annual rate of partial invalidity pension payable at any time to the person is an amount per annum ascertained in accordance with the formula- AB -- C where- A is an amount per annum equal to the annual rate of partial invalidity pension that would be payable at that time to the person if sub-section (2) applied to him; B is the number of hours that, in accordance with the terms and conditions of employment applying at that time in relation to the person, are the normal hours of duty of the person for the period that is the basic work period in relation to the person; and C is the number of hours that, in accordance with the terms and conditions of employment applying at that time in relation to the person, would be the normal hours of duty of the person for the period that is the basic work period in relation to the person if during the whole of that period the person were to perform his work or duties on a full-time basis.". Omit from sub-section (3) "annual rate" (wherever occurring) and "salary" (first occurring), substitute "amount per annum" and "the salary" respectively. Omit from sub-section (5) "annual rate" (first occurring) and "the rate that was his annual rate of salary immediately before", substitute "amount per annum" and "the amount per annum of his salary on the day that was his last day of service when" respectively. Omit from sub-section (6) "annual rate" (wherever occurring) and "rate" (last occurring), substitute in each case "amount per annum". Omit from sub-section (6) "a rate other than the rate referred to in sub-section (5) or a rate", substitute "an amount per annum other than the amount per annum referred to in sub-section (5) or an amount per annum". Omit sub-section (7), substitute the following sub-section: "(7) Subject to sub-section (8), a reference in the preceding provisions of this section to the amount per annum of the salary of a person to whom sub-section (1) applies, shall, notwithstanding any change in that salary, be read as a reference to the amount per annum that was the amount per annum of the salary of the person on the day on which the person again became an eligible employee." Omit from sub-section (8) "annual rate of" (first occurring). Omit from sub-section (8) "annual rate of" (second occurring), substitute "amount per annum of the". Omit from sub-section (8) "a rate other than the rate referred to in sub-section (7) or a rate", substitute "an amount per annum other than the amount per annum referred to in sub-section (7) or an amount per annum". Omit from sub-section (8) "annual rate" (last occurring) and "rate" (last occurring), substitute in each case "amount per annum". 78 Omit from sub-section (1) "annual rate of", substitute "amount per annum of the". Omit from paragraph (1) (a) "period of contributory service", substitute "period of employment". Omit from sub-section (2) all words to and including "sub-section (1)", substitute "Where a person who is entitled to a partial invalidity pension in accordance with this section was a partial contributor on the day immediately preceding the day on which he became entitled to that pension, the annual rate of partial invalidity pension payable at any time to the person". Omit from sub-paragraph (2) (a) (i) "annual rate" (first occurring) and "his previous annual rate of salary", substitute "an amount per annum" and "the amount per annum of his previous salary" respectively. Omit from sub-paragraph (2) (a) (i) all words from and including "C is an amount", substitute the following: "C is the amount per annum of his previous salary; and D is the amount per annum of his salary; or". Omit from sub-paragraph (2) (a) (ii) "annual rate" (first occurring) and "his previous annual rate of salary", substitute "amount per annum" and "the amount per annum of his previous salary" respectively. Omit from sub-paragraph (2) (b) (iii) "annual rate" (first occurring) and "his previous annual rate of salary", substitute "amount per annum" and "the amount per annum of his previous salary" respectively. Omit from sub-paragraph (2) (b) (iii) all words from and including "C is an amount", substitute the following: "C is the amount per annum of his previous salary; and D is the amount per annum of his salary; or". Omit from sub-paragraph (2) (b) (iv) "annual rate" (first occurring) and "his previous rate of salary", substitute "amount per annum" and "the amount per annum of his previous salary" respectively. After sub-section (2) insert the following sub-section: "(2A) Where a person who is entitled to a partial invalidity pension in accordance with this section was not a partial contributor on the day immediately preceding the day on which he became entitled to that pension, the annual rate of partial invalidity pension payable at any time to the person is an amount per annum ascertained in accordance with the formula- AB -- C where- A is an amount per annum equal to the annual rate of partial invalidity pension that would be payable at that time to the person if sub-section (2) applied to him; B is the number of hours that, in accordance with the terms and conditions of employment applying at that time in relation to the person, are the normal hours of duty of the person for the period that is the basic work period in relation to the person; and C is the number of hours that, in accordance with the terms and conditions of employment applying at that time in relation to the person, would be the normal hours of duty of the person for the period that is the basic work period in relation to the person if during the whole of that period the person were to perform his work or duties on a full-time basis.". Omit from sub-section (3) "annual rate of" and "his previous annual rate of salary", substitute "amount per annum of the" and "the amount per annum of his previous salary" respectively. Omit from sub-section (5) "previous annual rate of salary" and "the rate that was his annual rate of salary immediately before", substitute "amount per annum of the previous salary" and "the amount per annum of his salary on the day immediately preceding the day on which" respectively. Omit from sub-section (6) "previous annual rate of salary" (wherever occurring), "a rate other than the rate referred to in sub-section (5) or a rate" and "rate" (last occurring), substitute "amount per annum of the previous salary", "an amount per annum other than the amount per annum referred to in sub-section (5) or an amount per annum" and "amount per annum" respectively. Omit sub-section (7), substitute the following sub-section: "(7) Subject to sub-section (8), a reference in the preceding provisions of this section to the amount per annum of the salary of a person to whom sub-section (1) applies shall, notwithstanding any change in that salary, be read as a reference to the amount per annum that was the amount per annum of the salary of the person on the day on which the person became entitled to partial invalidity pension under this section.". Omit from sub-section (8) "annual rate of" (first occurring). Omit from sub-section (8) "annual rate of" (second occurring), substitute "amount per annum of the". Omit from sub-section (8) "a rate other than the rate referred to in sub-section (7) or a rate", substitute "an amount per annum other than the amount per annum referred to in sub-section (7) or an amount per annum". Omit from sub-section (8) "annual rate" (last occurring) and "rate" (last occurring), substitute in each case "amount per annum". 81 Omit from paragraph (2) (d) "period of contributory service", substitute "period of employment". Omit from paragraph (2) (e) "period of contributory service", substitute "period of employment". 84 Omit from sub-section (1) "period of prospective service", substitute "period of prospective employment". 85 Omit from sub-section (1) "period of contributory service", substitute "period of employment". 86 Omit from sub-section (1) "period of contributory service", substitute "period of employment". 87 Omit from sub-section (1) "period of contributory service", substitute "period of employment". 88 Omit from sub-section (1) "period of contributory service", substitute "period of employment". 99 Omit from sub-section (1) (b) "period of prospective service", substitute "period of prospective employment". Insert in sub-section (1) (b) "his period of prospective service is" after "but". 100 Omit from sub-section (1) (b) "period of contributory service", substitute "period of employment". 101 Omit from sub-section (1) (b) "period of contributory service", substitute "period of employment". 125 Omit from sub-section (1) the definition of "employment". 128 After sub-section (5) insert the following sub-section: "(5A) There shall be added to the period that, but for this sub-section, would be his period of employment, such period as the Commissioner determines as being appropriate, having regard to- (a) the employer component of the transfer value; and (b) such other matters as the Commissioner considers relevant and such matters (if any) as are prescribed.". 132 Omit from paragraph (1) (a) "period of contributory service", substitute "period of employment". 184 Omit from paragraph (2) (b) "period of contributory service", substitute "period of employment". Omit from paragraph (5) (b) "period of contributory service", substitute "period of employment". PART I After section 8 insert the following section: Additional periods of employment "8A. (1) Where- (a) a person became entitled to an invalidity pension upon his or her ceasing to be an eligible employee; and (b) the person again becomes an eligible employee and the pension referred to in paragraph (a) is cancelled under sub-section 76 (1) upon his or her again becoming an eligible employee, then, upon the person's next ceasing to be an eligible employee, there shall be added to the period that, but for this sub-section, would be the person's period of employment- (c) the period that was- (i) in a case where sub-paragraph (ii) does not apply-the person's period of employment upon his or her previously ceasing to be an eligible employee and becoming entitled to the pension that was so cancelled; or (ii) in the case of a person who had not been an approved part-time employee at any time during the period during which the person had been an eligible employee immediately before his or her previously ceasing to be an eligible employee and becoming entitled to the pension that was so cancelled-a period equal to the person's period of contributory service upon his or her previously ceasing to be an eligible employee and becoming entitled to that pension; and (d) if that pension was payable in accordance with section 67 or 68-any period in respect of which that pension was payable. "(2) Where- (a) a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits are applicable in relation to the person by virtue of Division 3 of Part IX; and (b) the person again becomes an eligible employee and the deferred benefits cease to be applicable in relation to the person by virtue of section 144, then, upon the person's next ceasing to be an eligible employee, there shall be added to the period that, but for this sub-section, would be the person's period of employment- (c) the period that was- (i) in a case where sub-paragraph (ii) does not apply-the person's period of employment upon his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; or (ii) in the case of a person who had not been an approved part-time employee at any time during the period during which the person had been an eligible employee immediately before his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable-a period equal to the person's period of contributory service upon his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; and (d) if, during any period after the person's previously so ceasing to be an eligible employee and before the person again becomes an eligible employee, the person was in receipt of deferred benefits, being invalidity pension payable in accordance with section 67 or 68-any period in respect of which that pension was payable.". V After section 65 insert the following section in Division 4: Interpretation "65A. In this Division, 'partial contributor' does not include a person referred to in paragraph (c) of the definition of 'partial contributor' in sub-section 3 (1).". PART II 1. Omit Schedule 5 to the Act, substitute the following Schedule: 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - SCHEDULE 5 SCHEDULE 5 Sub-sections 70 (2) and 71 (2) INVALIDITY PENSION RATE OF PENSION WHERE PENSION REDUCED ON MEDICAL GROUNDS AND PROSPECTIVE SERVICE NOT LESS THAN 30 YEARS ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Number of complete years of contributory service Percentage of final annual rate of salary where pension payable under section 70 Percentage of final annual rate of salary where pension payable under section 71 ------------------------------------------------------------------------------ -- 19 ....................... 66.5 47.5 18 ....................... 63.0 45.0 17 ....................... 59.5 42.5 16 ....................... 56.0 40.0 15 ....................... 52.5 37.5 14 ....................... 49.0 35.0 13 ....................... 45.5 32.5 12 ....................... 42.0 30.0 11 ....................... 38.5 27.5 10 ....................... 35.0 25.0 9 ....................... 31.5 22.5 8 ....................... 28.0 20.0 7 ....................... 24.5 17.5 6 ....................... 21.0 15.0 5 ....................... 17.5 12.5 4 ....................... 14.0 10.0 3 ....................... 10.5 7.5 2 ....................... 7.0 5.0 1 ....................... 3.5 2.5 ------------------------------------------------------------------------------ -- ---------------- 2. Omit Schedules 7 and 8 to the Act, substitute the following Schedules: 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - SCHEDULE 7 SCHEDULE 7 Paragraphs 70 (3) (b) and 71 (3) (b) INVALIDITY PENSION FACTORS APPLICABLE WHERE PENSION REDUCED ON MEDICAL GROUNDS AND PROSPECTIVE SERVICE LESS THAN 30, BUT NOT LESS THAN 20 YEARS ------------------------------------------------------------------------------ -- Column 1 Column 2 Number of complete years of contributory service Factor ------------------------------------------------------------------------------ -- 19 ............................................................. 0.95 18 ............................................................. 0.90 17 ............................................................. 0.85 16 ............................................................. 0.80 15 ............................................................. 0.75 14 ............................................................. 0.70 13 ............................................................. 0.65 12 ............................................................. 0.60 11 ............................................................. 0.55 10 ............................................................. 0.50 9 ............................................................. 0.45 8 ............................................................. 0.40 7 ............................................................. 0.35 6 ............................................................. 0.30 5 ............................................................. 0.25 4 ............................................................. 0.20 3 ............................................................. 0.15 2 ............................................................. 0.10 1 ............................................................. 0.05 ------------------------------------------------------------------------------ -- ---------------- 1986 No. 48 SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS - SCHEDULE 8 SCHEDULE 8 Sub-sections 70 (4) and 71 (4) INVALIDITY PENSION RATE OF PENSION WHERE PENSION REDUCED ON MEDICAL GROUNDS AND PROSPECTIVE SERVICE LESS THAN 20 YEARS ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Number of complete years of contributory service Percentage of final annual rate of salary where pension payable under section 70 Percentage of final annual rate of salary where pension payable under section 71 ------------------------------------------------------------------------------ -- 19 ....................... 53.2 38.0 18 ....................... 50.4 36.0 17 ....................... 47.6 34.0 16 ....................... 44.8 32.0 15 ....................... 42.0 30.0 14 ....................... 39.2 28.0 13 ....................... 36.4 26.0 12 ....................... 33.6 24.0 11 ....................... 30.8 22.0 10 ....................... 28.0 20.0 9 ....................... 25.2 18.0 8 ....................... 22.4 16.0 7 ....................... 19.6 14.0 6 ....................... 16.8 12.0 5 ....................... 14.0 10.0 4 ....................... 11.2 8.0 3 ....................... 8.4 6.0 2 ....................... 5.6 4.0 1 ....................... 2.8 2.0 ------------------------------------------------------------------------------ -- - NOTES 1986 No. 48*1* SUPERANNUATION (APPROVED PART-TIME EMPLOYEES) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 15 April 1986.