111TTotal superannuation allowance or pension not to exceed certain rate

111T Total superannuation allowance or pension not to exceed certain rate

The Commissioner shall not determine a rate of superannuation allowance or pension in relation to a deceased officer or pensioner by virtue of regulation 111R and the application of Part XB if the payment of the allowance or pension, or the payment of the allowance or pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of allowance and pension payable under the Ordinance and these Regulations in relation to the deceased officer or pensioner at the date of the determination exceeding the rate of allowance to which: (a) the deceased officer would have been entitled on that date under the Ordinance if he had retired immediately prior to his death or if he had not died but had continued in the Service without further increase of salary until he reached the age for retirement, whichever is the higher rate; or (b) the deceased pensioner would have been entitled on that date under the Ordinance if he had not died.