16Salary for purposes of determination of certain benefits

#### 16 Salary for purposes of determination of certain benefits (1) Where: (a) a person has ceased to be an eligible employee: (i) by reason of early retirement; or (ii) in circumstances that entitle him to age retirement pension; (b) on the relevant day the person was an eligible employee to whom regulation 15 applied; (c) before the relevant day, a certificate specifying a day not later than the relevant day had been given in respect of the person under subregulation 15(4); and (d) the person had not, during the period of 12 months immediately preceding the relevant day, continuously undertaken prescribed employment, being prescribed employment by virtue of which regulation 15 applied to the person; then, for the purposes of the definition of final annual rate of salary in subsection 3(1) of the Act, the annual rate of salary of that person on the relevant day shall be an amount equal to the amount per annum that would, for the purposes of the Act, have been the annual rate of salary of the person on that day if the certificate referred to in paragraph (c) had not been given. (2) In this regulation, relevant day, in relation to a person who has ceased to be an eligible employee, means: (a) except where paragraph (b) applies—his last day of service; or (b) if his annual rate of salary is ascertained by reference to the annual rate of salary payable to him on a day other than his last day of service—that other day.