Commonwealth Numbered Regulations

1986 No. 49 SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) - REG 3

3. Regulation 8E of the Principal Regulations is amended-
(a) by inserting in sub-regulation (3) "an amount equal to" before

"whichever";
(b) by omitting from the definition of A in sub-regulation (3) "work or duties
performed by the person during";
(c) by omitting from the definition of C in sub-regulation (3) "amount per
annum" and substituting " annual rate";

   (d)  by inserting in paragraph (3) (j) "or (ka)" after "paragraph (k)";

   (e)  by omitting from paragraph (3) (j) "or" (last occurring);

   (f)  by inserting in paragraph (3) (k) "paragraph (ka) does not apply and"
        after "if" (first occurring);

   (g)  by adding at the end of paragraph (3) (k) "or";

   (h)  by inserting after paragraph (3) (k) the following paragraph:

"(ka) if, at any time during his or her final year of service, the person was
an approved part-time employee-the amount ascertained in accordance with the
formula- HJ --
K
where-
H is-

        (i)    in the case of a person in relation to whom paragraph (j)
               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 (k)
               would, but for this paragraph, have applied-the total amount of
               shift allowance referred to in that paragraph;
        J   is the total number of hours that would have been the normal
hours of duty of the person during his or her final year of service if during
the whole of that year the person had performed his or her work or duties on a
full-time basis; and
K 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 his
or her final year of service, were the normal hours of duty of the person
during that year";
   (j)  by inserting in paragraph (3) (m) "or (na)" after "paragraph (n)";


   (k)  by omitting from paragraph (3) (m) "or" (last occurring);
(m) by inserting in paragraph (3) (n) "paragraph (na) does not apply and"
after "if" (first occurring);

   (n)  by adding at the end of paragraph (3) (n) "or";

   (o)  by inserting after paragraph (3) (n) the following paragraph:

"(na) if, at any time during the period referred to in sub-paragraph (b) (ii)
in relation to the person, the person was an approved part-time employee-the
amount ascertained in accordance with the formula- HJ --
K
where-
H is-

        (i)    in the case of a person in relation to whom paragraph (m)
               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 (n)
               would, but for this paragraph, have applied-the total amount of
               shift allowance referred to in that paragraph;
        J   is the total number of hours that would have been the normal
hours of duty of the person during the period referred to in sub-paragraph (b)
(ii) in relation to the person if during the whole of that period the person
had performed his or her work or duties on a full-time basis; and
K 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 the
period referred to in sub-paragraph (b) (ii) in relation to the person, were
the normal hours of duty of the person during that period"; and

   (p)  by omitting paragraph (5) (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 the amount (in this paragraph referred to as the 'relevant
amount') of the aggregate of-

        (i)    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; and

        (ii)   the amount, being an amount equal to the amount in respect of
               shift allowance included in the salary or wages paid or payable
               to the person in respect of that pay period, that, by virtue of
               regulation 8C, is not, in relation to the person, to be treated
               as salary for the purposes of the Act,
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-

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

        (iv)   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
where-
B is the relevant amount;
C is the amount of the allowance referred to in sub-paragraph (iv) 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;".