Sokanos v Commissioner for Superannuation [2001] FCA 28

FEDERAL COURT OF AUSTRALIA

Sokanos v Commissioner for Superannuation [2001] FCA 28 SUPERANNUATION - review of Administrative Appeals Tribunal decision regarding rate of applicant's entitlement to invalidity pension under the Superannuation Act 1976 (Cth) - determination of applicant's 'final annual rate of salary' under the Superannuation Act 1976 (Cth) - rate of invalidity pension determined by reference to an applicant's 'final annual rate of salary' and not salary received during any particular period - applicant retired on ground of invalidity in 1990 but had not worked since 1985 - applicant performing higher duties at time he ceased working - whether applicant entitled to invalidity pension based on rate applicable to his substantive classification at 1990 or on rate applicable to classification at 1990 at which he was performing duties to 1985 - construction of reg 4 and reg 6 of the Superannuation (Salary) Regulations for the purpose of determining whether an applicant is entitled to the benefit of the higher duties allowance at retirement - effect of the amendment to reg 4 of the Superannuation (Salary) Regulations on an applicant's entitlement to the higher duties allowance between date of ceasing to work and date of retirement. SUPERANNUATION - determination of the Public Service Commissioner made under s 82D Public Service Act 1922 (Cth) - whether determination deemed 'final annual rate of salary' to refer to rate applicable to classification in 1990 at which applicant was performing higher duties in 1985.

Superannuation Act 1976 (Cth) ss 3, 5, 46, 47(1), 47(2), 66(1), 67(2), 68 and 69 Superannuation Act 1922 (Cth) Public Service Act 1922 (Cth) ss 82D(2), 82D(4)(a)(i) and 82D(4)(b)(ii) Superannuation (Salary) Regulations regs 4, 4(1), 4(2)(a), 5, 6(1)(a)(b) and 6(3)(a)(b)(c) Public Service Regulations regs 116 and 116A(4) JAMES SOKANOS v COMMISSIONER FOR SUPERANNUATION S 1 OF 2000 MANSFIELD J 2 FEBRUARY 2001 ADELAIDE