111ZATotal pension not to exceed certain rate

111ZA Total pension not to exceed certain rate

The Commissioner shall not determine a rate of pension in relation to a deceased contributor or pensioner by virtue of regulation 111Y and the application of Part XB if the payment of the pension, or the payment of the pension at the rate the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under the Superannuation Ordinance and these Regulations in relation to the deceased contributor or pensioner at the date of the determination exceeding the rate of pension to which: (a) the deceased contributor would have been entitled at that date under that Ordinance if he had not died but had been entitled at that date to a pension under subsection 42(1) of that Ordinance; or (b) the deceased pensioner would have been entitled at that date under that Ordinance if he had not died.