51Where pensioner re-employed by Crown pension may be reduced

51 Where pensioner re-employed by Crown pension may be reduced

S. 51(1) substituted by No. 58/1987 s. 10(a)(i), amended by Nos 64/1989 s. 36(3)(a)(ii), 4/1996 s. 100(1)(a)(b).

(1) Despite anything to the contrary in this Act, any pension payable under this Act (other than a disability pension) to a pensioner who continues to be an employee and who is—

(a) employed in the service of the Crown; or

S. 51(1)(b) repealed by No. 64/1989 s. 36(3)(a)(i).

must be reduced by the amount (if any) by which the sum of the remuneration that the pensioner is entitled to receive in respect of his or her employment in the service of the Crown and any pension otherwise payable to the pensioner under this Act (other than a disability pension) exceeds 95 per centum of the current equivalent of the salary on retirement of the pensioner.

S. 51(1A) inserted by No. 58/1987 s. 10(a)(i), repealed by No. 64/1989 s. 36(3)(b).

(2) In this section—

current equivalent of the salary on retirement in relation to a pensioner means such salary as the Board from time to time determines as, having regard to general increases in salary that have occurred since the retirement of the pensioner, being equivalent at any relevant time to the salary that was payable to the pensioner immediately prior to his retirement;

S. 51(2) def. of employed in the service of the Crown amended by Nos 10258 s. 10(zd), 58/1987 s. 10(a)(ii)(A)
(B), 120/1994 s. 52(b), 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 186.4), 24/2006 s. 6.1.2(Sch. 7 item 37.3).

employed in the service of the Crown in relation to a pensioner means a person employed under a contract of service—

(a) by the Crown whether or not exempt from the operation of the Public Administration Act 2004, the Education and Training Reform Act 2006 or otherwise; or

(b) by any body created by or under any Act of Parliament; or

(c) by any other body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies—

whether the contract relates to permanent temporary casual full-time part-time or other type of employment.

(3) This section does not apply to the payment of a pension to a pensioner who is in receipt of a pension under section 44 or section 45.

S. 51A inserted by No. 4/1996 s. 101.