44Contributor remaining in Service after attaining maximum age for retirement

#### 44 Contributor remaining in Service after attaining maximum age for retirement (1) Where a contributor retires not less than one month after attaining the maximum age for retirement, the pension that would be payable to him under the provisions of this Act other than this section or section 43A shall be increased by an amount ascertained by multiplying the portion of the pension equivalent to the contributions made by him by a multiplier that is: (a) if the maximum age for retirement in his case was sixty years, the sum of: (i) the factor specified in column 2 of Table I in the Seventh Schedule opposite to the age specified in column 1 of that Table that was his age on retirement; and (ii) the product of the number of whole months included in the period that commenced on the date on which he attained the age in years that was his age on retirement and ended on the date of his retirement and the factor specified in column 3 of that Table opposite to the age specified in column 1 of that Table that was his age on retirement; or (b) if the maximum age for retirement in his case was sixty‑five years, the sum of: (i) the factor specified in column 2 of Table II in the Seventh Schedule opposite to the age specified in column 1 of that Table that was his age on retirement; and (ii) the product of the number of whole months included in the period that commenced on the date on which he attained the age in years that was his age on retirement and ended on the date of his retirement and the factor specified in column 3 of that Table opposite to the age specified in column 1 of that Table that was his age on retirement. (2) Where: (a) a male contributor who has attained the maximum age for retirement dies before retirement and is survived by a widow; or (b) the widow of: (i) a male contributor who, having attained the maximum age for retirement, died before retirement; or (ii) a male pensioner who retired after attaining the maximum age for retirement; is in receipt of, or entitled to, a pension at the commencement of this section; the pension that would be payable to the widow under the provisions of this Act other than this section or section 43A shall be increased by an amount ascertained by multiplying that portion of the pension that is equivalent to the contributions made by her husband by the multiplier that would have been applicable under the last preceding subsection in relation to his pension if: (c) in the case of a contributor referred to in paragraph (a), he had retired immediately before his death; (d) in the case of a contributor referred to in subparagraph (i) of paragraph (b), he had retired after the commencement of this section at the age at which he in fact died; or (e) in the case of a pensioner referred to in subparagraph (ii) of paragraph (b), he had not died before the commencement of this section. (2A) Where a female contributor who has attained the maximum age for retirement dies before retirement and is survived by a widower, the pension that would be payable to the widower under the provisions of this Act other than this section or section 43A shall be increased by an amount ascertained by multiplying that portion of the pension that is equivalent to the contributions made by his wife by the multiplier that would have been applicable under subsection (1) in relation to her pension if she had retired immediately before her death. (3) The amount by which a pension is increased in pursuance of subsection (1), (2) or (2A) is payable from the Fund without contribution by the Commonwealth. (4) Where: (a) this section applies to the pension of a contributor or of the widow or widower of a contributor; and (b) the contributor was, immediately before his retirement or death, contributing for some units of pension at a rate based on a retiring age of sixty years and other units of pension at a rate based on a retiring age of sixty‑five years; this section applies to and in relation to the pension as if it consisted of two pensions, one such pension being attributable to the first‑mentioned units and the other such pension being attributable to the second‑mentioned units.