Superannuation and Pensions Act, 1963
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Modification of section 12 of Superannuation Act, 1834. 1834, c. 24. |
8.—(1) Where, in accordance with section 12 of the Superannuation Act, 1834 , and apart from this subsection, a calculation would, because of an increase of salary granted on promotion during the three years ending on the retirement, be made upon an average amount of salary, the calculation shall, if the Minister so directs, be computed upon the salary which the person concerned would have enjoyed at the time of his retirement if he had not been promoted. | |
(2) Where the Minister gives a direction under the foregoing subsection, any payments received in consequence of the promotion in excess of what would have been received if there had been no promotion may, if the Minister so directs, be treated for the purposes of the award as emoluments of office within the meaning of section 28 of the Superannuation Act, 1834. | ||
(3) Where, in accordance with section 12 of the Superannuation Act, 1834 , and apart from this subsection, an award would, because the person concerned is at the time of his retirement the holder of an office which does not form part of any class, not be computed on the salary enjoyed by him at the time of his retirement, the award shall, if he has served in that office for three years or longer and the Minister so directs, be computed on that salary. | ||
(4) Subsections (1), (2) and (3) of this section, as well as applying to awards made after the passing of this Act, shall also apply to awards made on or after the 5th day of May, 1960, and before such passing, and those awards shall be adjusted or varied accordingly. |