Commonwealth Numbered Regulations

1986 No. 49 SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) - REG 2

2. Regulation 8D of the Principal Regulations is amended-
(a) by inserting in sub-regulation (1) "an amount equal to" before

"whichever";
(b) by omitting from the definition of "A" in sub-regulation (1) "work or
duties performed by the person during";
(c) by omitting from the definition of "C" in sub-regulation (1) "amount
per annum" and substituting " annual rate";

   (d)  by inserting in paragraph (1) (f) "or (h)" after "paragraph (g)";

   (e)  by omitting from paragraph (1) (f) "or" (last occurring);

   (f)  by inserting in paragraph (1) (g) "paragraph (h) does not apply and"
        after "if" (first occurring);

   (g)  by adding at the end of sub-regulation (1) the following word and
        paragraph:

"; or (h) if, at any time during the period of 12 months immediately preceding
the particular day, the person was an approved part-time employee-the amount
ascertained in accordance with the formula-
EF
--
G
where-
E is-

        (i)    in the case of a person in relation to whom paragraph (f)
               would, but for this paragraph, have applied-the total amount of
               shift allowance referred to in that paragraph; or

        (ii)   in the case of a person in relation to whom paragraph (g)
               would, but for this paragraph, have applied-the total amount of
               shift allowance referred to in that paragraph;
F is the total number of hours that would have been the normal hours of duty
of the person during that period of 12 months if during the whole of that
period the person had performed his or her work or duties on a full-time
basis; and
G is the total number of hours that, in accordance with the terms and
conditions of employment applying from time to time to the person during that
period of 12 months, were the normal hours of duty of the person during that
period"; and

   (h)  by omitting paragraph (2) (a) and substituting the following
        paragraph:

"(a) the reference in the definition of "A" to the amount of salary paid or
payable to a person in respect of a pay period in relation to the person is a
reference to-

        (i)    in a case where sub-paragraph (ii) does not apply-the amount of
               salary (within the meaning of section 5 of the Act but
               excluding, in the case of a person who was during the pay
               period a prescribed partial invalidity pensioner for the
               purposes of sub-section (2A) of that section, partial
               invalidity pension) paid or payable to the person in respect of
               the pay period or, if during the whole or part of the pay
               period the person was an approved part-time employee, an amount
               of salary equal to the amount ascertained-

                (A)  except where sub-sub-paragraph (B) applies-in accordance
                     with the formula- BD ; or --
E

                (B)  where the salary (within the meaning of section 5 of the
                     Act) of the person in respect of the pay period or that
                     part of the pay period when the person was an approved
                     part-time employee (as the case may be) included an
                     allowance that was payable to the person in an amount
                     that is the same as the amount that the person would have
                     received in respect of that allowance if the person had,
                     during the pay period or that part of the pay period,
                     performed his or her work or duties on a full-time
                     basis-in accordance with the formula- (B - C) D + C ; or
                     -------------
E

        (ii)   in a case where, by virtue of regulation 8C, an amount (in this
               sub-paragraph referred to as the 'relevant amount') equal to an
               amount in respect of shift allowance included in the salary or
               wages paid or payable to the person in respect of that pay
               period is not, in relation to the person, to be treated as
               salary for the purposes of the Act-the aggregate of the amount
               of salary first mentioned in sub-paragraph (i) in relation to
               the person and the relevant amount or, if during the whole or
               part of the pay period the person was an approved part-time
               employee, an amount of salary equal to the amount ascertained-

                (A)  except where sub-sub-paragraph (B) applies-in accordance
                     with the formula- BD ; or --
E

                (B)  where the salary (with the meaning of section 5 of the
                     Act) of the person in respect of the pay period or that
                     part of the pay period when the person was an approved
                     part-time employee (as the case may be) included an
                     allowance that was payable to the person in an amount
                     that is the same as the amount that the person would have
                     received in respect of that allowance if the person had,
                     during the pay period or that part of the pay period,
                     performed his or her work or duties on a full-time
                     basis-in accordance with the formula- (B - C) D + C ,
                     -------------
E
where-
B is-

        (iii)  in the case of a person in relation to whom sub-paragraph (i)
               applies-the amount of salary first-mentioned in that
               sub-paragraph in relation to the person; or

        (iv)   in the case of a person in relation to whom sub-paragraph (ii)
               applies-the amount of the aggregate referred to in that
               sub-paragraph in relation to the person;
C is-

        (v)    in the case of a person in relation to whom sub-sub-paragraph
               (i) (B) applies-the amount of the allowance referred to in that
               sub-sub-paragraph payable to the person in respect of the pay
               period or that part of the pay period when the person was an
               approved part-time employee (as the case may be); or

        (vi)   in the case of a person in relation to whom sub-sub-paragraph
               (ii) (B) applies-the amount of the allowance referred to in
               that sub-sub-paragraph payable to the person in respect of the
               pay period or that part of the pay period when the person was
               an approved part-time employee (as the case may be);
D is the number of hours that would have been the normal hours of duty of the
person for the pay period if during the whole of that period the person had
performed his or her work or duties on a full-time basis; and
E is the number of hours that, in accordance with the terms and conditions of
employment applying in relation to the person in respect of the pay period,
were the normal hours of duty of the person for that pay period; and".