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Public Sector Superannuation Reform (Parliamentary Superannuation) Regulations 2016
61Payment of retiring benefit
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### 61 Payment of retiring benefit
> > (1) The Commission must, out of the PRB Fund, pay to a person who –
> >
> > > > (a) has not attained the age of 65 years; or
> > >
> > > > (b) has attained the age of 65 years but not the age of 70 years and has made an election under [regulation 54(2)](#GS54@Gs2@EN) –
> >
> > and who in either case is entitled to a retiring benefit, a lump sum payment calculated in accordance with the following formula:
> >
> > [](/image/pn42fs.gif)
> >
> > where –
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> > > ***P*** is the amount to be paid;
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> > > ***n*** is the number of years of service of the member;
> >
> > > ***FS*** is the final salary of the member determined in accordance with [regulation 59](#GS59@EN) .
>
> > (2) In calculating the amount referred to in [subregulation (1)](#GS61@Gs1@EN) , ***n*** must not exceed 20.
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> > (3) The Commission must, out of the PRB Fund, pay to a person who –
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> > > > (a) has attained the age of 65 years; and
> > >
> > > > (b) has not made contributions in respect of his or her service as a member after that age –
> >
> > and who is entitled to a retiring benefit, a lump sum payment calculated in accordance with [subregulation (1)](#GS61@Gs1@EN) less an amount calculated in accordance with the following formula:
> >
> > [](/image/dkl4fs27.gif)
> >
> > where –
> >
> > > ***D*** is the amount to be deducted;
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> > > ***K*** is the total years of service, not exceeding 20, of that person as a member;
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> > > ***L*** is that person's years of service, not exceeding 20, at the age of 65 years;
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> > > ***FS*** is the final salary of that person determined in accordance with [regulation 59](#GS59@EN) .
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> > (4) The Commission must, out of the PRB Fund, pay to a person who –
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> > > > (a) has attained the age of 70 years; and
> > >
> > > > (b) has made an election under [regulation 54(2)](#GS54@Gs2@EN) ; and
> > >
> > > > (c) is entitled to a retiring benefit –
> >
> > a lump sum payment calculated in accordance with [subregulation (1)](#GS61@Gs1@EN) less an amount calculated in accordance with the following formula:
> >
> > [](/image/dkl4fs27.gif)
> >
> > where –
> >
> > > ***D*** is the amount to be deducted;
> >
> > > ***K*** is the total years of service, not exceeding 20, of that person as a member;
> >
> > > ***L*** is that person's years of service, not exceeding 20, at the time of ceasing to pay contributions;
> >
> > > ***FS*** is the final salary of that person determined in accordance with [regulation 59](#GS59@EN) .
>
> > (5) The Commission must, out of the PRB Fund, pay to a person who is entitled to a retiring benefit under this regulation, and who has had 20 or more years of service as a member, such further amount as the Commission may determine on the advice of the Actuary having regard to –
> >
> > > > (a) the benefit which may be attributed to any portion of the service of the member in excess of 20 years; and
> > >
> > > > (b) the minimum benefits prescribed under the SG Act.