10Scale of units of pension

10 Scale of units of pension

(1) Subject to these Regulations, contributions by an employee shall be for units of pension. (2) Subject to these Regulations, the number of units of pension, ignoring any fraction of a unit, for which an employee shall contribute at any time is: (a) in the case of an employee to whom paragraph (b) does not apply: (i) if the salary of the employee does not exceed the prescribed amount—the number of units ascertained in accordance with the formula Start formula start fraction A over 130 end fraction end formula; or (ii) if the salary of the employee exceeds the prescribed amount—the amount of units ascertained in accordance with the formula Start formula start fraction B over 130 end fraction plus start fraction C over 163 end fraction end formula; or (b) in the case of an employee: (i) who became an employee on or after 21 April 1960; (ii) whose salary exceeds Two thousand six hundred dollars; and (iii) the number of years of whose prospective service is less than twenty; the number of units ascertained in accordance with the formula Start formula 20 plus start fraction open bracket 60 plus 4D close bracket open bracket E minus 20 close bracket over 100 end fraction end formula. (3) For the purpose of the application at any time, in relation to an employee, of a formula contained in subregulation (2): (a) A is the number of dollars in the salary of an employee at that time; (b) B is the number of dollars in the prescribed amount; (c) C is the number of dollars in the amount by which the salary of the employee at that time exceeds the prescribed amount; (d) D is the number by which the number of years of prospective service of the employee at that time exceeds ten; and (e) E is the number of units of pension for which the employee would be required to contribute at that time under paragraph 2(a) if that paragraph were applicable to him. (4) For the purposes of subregulations (2) and (3), the prescribed amount is: (a) in relation to any time during the period that commenced on 19 August 1976 and ended on 24 November 1976—$15,340; (b) in relation to any time during the period that commenced on 25 November 1976 and ended on 30 March 1977—$15,730; (c) in relation to any time during the period that commenced on 31 March 1977 and ended on 25 May 1977—$15,990; (d) in relation to any time during the period that commenced on 26 May 1977 and ended on 31 August 1977—$16,250; (e) in relation to any time during the period that commenced on 1 September 1977 and ended on 21 December 1977—$16,510; (f) in relation to any time during the period that commenced on 22 December 1977 and ended on 1 March 1978—$16,770; (g) in relation to any time during the period that commenced on 2 March 1978 and ended on 7 June 1978—$16,900; and (h) in relation to any time after 7 June 1978—$17,160. (5) Subject to these Regulations, a contributor is not eligible or required to begin to contribute for an additional unit of pension as from a date after he has attained the maximum age for retirement. (6) The number of units of pension (other than non‑contributory units) for which an employee would otherwise be required to contribute at any time shall be reduced by the number of units of pension (if any) by which the number of units of pension (including non‑contributory units) to which he was entitled immediately before that time exceeds the aggregate of: (a) the number of units of pension for which he was then a contributor; and (b) the number of non‑contributory units that were then applicable to him. (7) Where the salary of an employee whose requirement to contribute is reduced under subregulation (6) is increased and the employee does not make an election under regulation 11, he may, within twelve months from the date upon which payment of the increased salary rate is approved or twelve months from the date upon which salary at the increased rate becomes payable, whichever is the later, elect to contribute for such number of additional units of pension (not being non‑contributory units) as, together with the aggregate of: (a) the number of units of pension for which he was a contributor immediately before the increase; and (b) the number of non‑contributory units that were applicable to him immediately before the increase; does not exceed the aggregate of: (c) the number of units of pension to which he was entitled immediately after the increase; and (d) the number of non‑contributory units that were applicable to him immediately after the increase. (8) In calculating entitlement for the purposes of subregulations (6) and (7), no account shall be taken of any election to reduce the number of units except in direct consequence of a reduction in salary. (9) An election under subregulation (7) does not have effect unless the employee satisfies the Board, within six months from the date of the election, that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined by subregulation 121(2)) likely to render him incapable of performing his duties before attaining the maximum age for retirement. (11) Any additional contribution payable by reason of an election under subregulation (7) is payable as from the date of the election. (12) Subject to subregulation (13), where an employee: (a) who became an employee on or after the date of commencement of the Superannuation (Papua and New Guinea) Ordinance 1960; and (b) to whom regulation 32 applies; ceases to be an employee at an earlier age than his selected retiring age: (c) that earlier age shall be deemed to have been his selected retiring age; and (d) where necessary by reason of reduction of the number of years of prospective service, the aggregate of the number of units of pension for which he was required to contribute and the number of non‑contributory units which were applicable to him shall be deemed to have been reduced accordingly, in reverse order of the order of acquisition of entitlement. (13) In the case of an employee: (a) who became an employee on or after the date of commencement of the Superannuation (Papua and New Guinea) Ordinance 1960; and (b) to whom subregulation 9(6) applies; then: (c) the age approved by the Board under that subregulation shall be deemed to be his selected retiring age; and (d) where necessary by reason of the reduction of the number of years of prospective service, the aggregate of the number of units of pension for which he was required to contribute and the number of non‑contributory units which were applicable to him shall be deemed to have been reduced accordingly, in reverse order of the order of acquisition of entitlement. (14) For the purposes of this regulation: (b) the selected retiring age of an employee is, subject to subregulation (13): (i) in the case of an employee who has made an election under regulation 16—the age of fifty‑five years in the case of a male officer or fifty years in the case of a female officer; and (ii) in any other case—the age of sixty years in the case of a male officer or fifty‑five years in the case of a female officer; (c) subject to paragraph (d), the number of years of prospective service of an employee is the number of complete years between the date upon which he became an employee within the meaning of the Superannuation Ordinance and the date upon which he will attain his selected retiring age; and (d) in the case of an employee who had paid to the Board, under section 82B of the Superannuation Ordinance, an amount refunded to him from a Public Service Superannuation Fund as defined in section 82A of that Ordinance, the number of years of his prospective service shall be calculated having regard to the period during which he was a contributor to that Fund.