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Military Rehabilitation and Compensation Act 2004
142Simplified outline of this Division
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142 Simplified outline of this Division
This Division tells you how to work out the normal earnings for a person who left the Defence Force as a continuous full‑time Reservist.
The person has a one‑off choice between 2 ways of working out normal earnings. Normal earnings can be based on the amount the person would have earned if the person were still a continuous full‑time Reservist. (This amount is called the ADF earnings.) Alternatively, normal earnings can be based on the person’s earnings from other work engaged in before beginning his or her last period of continuous full‑time service. (This amount is called the pre‑CFTS earnings.)
Subdivision E tells you how to work out the normal weekly hours for a person who chooses the pre‑CFTS earnings. (Normal weekly hours for a person who chooses the ADF earnings are 37.5 hours (see subsection 132(2).)
Subdivision B—Working out normal earnings
143 Working out normal earnings
(1) The normal earnings for a week for a person who was a continuous full‑time Reservist immediately before last ceasing to be a member of the Defence Force means whichever of the following amounts is chosen by the person:
(a) the amount of the person’s ADF earnings for a week (see Subdivision C);
(b) the amount of the person’s pre‑CFTS earnings for a week (see Subdivision D).
(2) The person must inform the Commission in writing of his or her choice between the ADF earnings and the pre‑CFTS earnings.
(3) The person is only entitled to make one choice for all weeks in respect of which subsection (1) applies. The person cannot change his or her choice once it has been made.
Subdivision C—Working out ADF earnings