Section 29 - Superannuation Act 1916 - Breakdown pensions

29Breakdown pensions

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29 Breakdown pensions

s 29, hdg: Rep 1987 No 40, Sch 1 (20).

(1) Except as provided by subsections (2), (2A) and (3), if a contributor is retired on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties, the contributor shall, subject to section 10AA (2), be entitled to the full pension for which the contributor was contributing as at the contributor’s exit day.

(2) If a contributor—

(a) being a person who became a contributor on or after 13 January 1978, or

(b) being a person who, immediately before 13 January 1978, was—

(i) a contributor accepted or treated as a contributor for limited benefits under this Act as then in force, or

(ii) a contributor accepted or treated as a contributor in the provisional category under this Act as then in force,

is retired on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties and the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor and the contributor’s exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which the contributor received a pension under this Act, is less than 10, the contributor shall be entitled to a pension, the amount of which shall be calculated in accordance with the formula—

where, in relation to the contributor—

P is the amount of the pension per fortnight,

A is the amount of pension per fortnight that would have been payable to the contributor under subsection (1) had the contributor been a person to whom that subsection applies,

B is the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor to the contributor’s exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which the contributor received a pension under this Act, and

C is—

(a) the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor to the last day of the contribution period preceding that in which the contributor would attain the maturity age, or