4.—(1) Regulation 3 (Meaning of “superannuable pay”)(1), is amended as provided by paragraphs (2) and (3).
(2) In sub-paragraph (a) of paragraph (1)(2) after “bonuses” insert “pay awards and pay increases that are expressed by the Department to be non-consolidated”.
(3) After paragraph (9) add—
“(10) Where, having regard to the matters referred to in paragraph (11), the Department considers that the amount which would, but for the Department’s determination under this paragraph, constitute the member’s final year’s superannuable pay is inordinate, determine—
(a)what the amount of that pensionable pay is to be, and
(b)the date from which any change in the amount of that pay as a result of that determination is to take effect.
(11) Those matters are—
(a)any variations in the level of the member’s superannuable pay during a period not exceeding ten years and ending with the earlier of the date the member ceases to be in superannuable employment or the date the member dies;
(b)the general level of superannuable pay pertaining in HSC employment for members of the same or an equivalent grade or post during the period under consideration for the purposes of paragraph (a);
(a)promotion and re-grading prospects in HSC employment for members of the same or an equivalent grade or post during the period under consideration for the purposes of paragraph (a);
(b)any other matters the Department considers relevant.
(12) Where the Department determines the amount of a member’s superannuable pay pursuant to paragraph (10)—
(a)the difference between the amount which would, but for that determination, be the member’s final year’s superannuable pay and the amount so determined shall be ignored for the purposes of this regulation (“the ignored amount”);
(b)any contributions referable to the ignored amount and paid by the member pursuant to regulation 10 or 72, paragraphs 10 or 23 of Schedule 2, must, net of any tax payable, be refunded to that member;
(c)any contributions referable to the ignored amount and paid by the employing authority pursuant to regulation 11 or paragraphs 10 or 23 of Schedule 2, shall be refunded to that employing authority;
(d)the amount so determined is not be regarded as an “excessive pay increase” for the purposes of regulation 11A.”.
Regulation 3 as amended by S.R. 1997 No.217 regulation 3; S.R. 2005 No.155 regulation 3 and No.565 regulation 5; S.R. 1995 No.163 regulation 3
Paragraph (1) was substituted by S.R. 2005 No.565 regulation 5