Eastman, D.H. v. Commissioner for Superannuation [1987] FCA 292

CATCHWORDS Superannuation ~- Invalidity benefit - "Final annual rate of salary" - Higher duties allowance - Allowance not paid "ona

regular basis" in defined sense - Whether allowance part of salary for superannuation purposes.

Superannuation Act 1976 (Cth), ss.3(1), 5(1), 66(2), 70(2) Superannuation (Salary) Regulations, regs 4, 5, 6, 7 Public Service Act 1922 (Cth), s.51A

Public Service Regulations, regs 87, 116

Commissioner for Superannuation v. Carpenter (1983) 77 F.L.R. 224; 48 A.L.R. 230 distinguished

DAVID HAROLD EASTMAN v. COMMISSIONER FOR SUPERANNUATION

ACT G 62 of 1986

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Neaves, Beaumont and Ryan JJ. 10 June 1987

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G62 of 1986

DISTRICT REGISTRY GENERAL DIVISION

BETWEEN : DAVID HAROLD EASTMAN Applicant AND: COMMISSIONER FOR SUPERANNUATION Respondent

MINUTES OF ORDER

Judges making order: Neaves, Beaumont and Ryan JJ. Date order made: 10 June 1987

Where made: Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

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2. The applicant pay the respondent's costs of the

appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT PEGISTRY

) ) AUSTRALTAN CAPITAL TERRITORY ) No. ACT G62 of 1986 ) )

GENERAL DIVIZION

BETWEEN : DAVID YAROLD EASTMAN Applicant AND: COMMISSLONER FOR SUPERANNUATION Respondent

CORAM: Neaves, Beaumont and Ryan JJ.

DATED: 10 June 1987

REASONS FOR JUDGMENT

THE COURT: The applicant, a former officer of the Australian

Public Service, is entitled to an invalidity pension under the

relevant provisions of the Superannuation Act 1976 ("the Act").

A dispute has arisen as to the correct calculation of that entitlement. The amount of his entitlement is calculated by reference to his "final annual rate of salary" and a question has arisen as to the meaning of that phrase and iuts application in the present context. The applicant applied to the Administrative Appeals Tribunal for review of the Commissioner's decision on the question, the Tribunal affirmed that decision and the applicant now appeals to the Court on the question of law thus arising