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5.7 MRCA - Service giving rise to injury is CFTS - Currently in part-time Reserve service – section 109 or S111-114
The following formula/s is applicable when the person:
Was injured in Permanent Forces or CFTS service
The last period of FT service was CFTS
Is currently serving
Current service is in the Part-time Reserves
The person has a choice to take as normal earnings either their full-time ADF earnings or their pre-CFTS earnings. The person must inform the delegate of the choice in writing and once made, it cannot be changed for that period of incapacity. A person may choose a different basis of normal earnings for further separate and discrete periods of incapacity i.e. the person gets a new choice in calculation method when there is a break in the period of incapacity.
18.104.22.168 Calculating Full-time ADF Earnings – section 109
Full-time ADF earnings is the amount the Reservist would receive if he or she was still on CFTS and not incapacitated for service. The members current rank and pay group is the basis for determining NE. In this scenario as the person’s CFTS and subsequent part-time Reserve service are the same service type (i.e. Reserve), any promotions in Reserve service can be applied to the calculation.
Pay-related allowances for the week is the amount of compensable pay-related allowances he or she would receive if still a Permanent Forces member and not incapacitated, as advised by Defence.
Remuneration amount is a loading included in normal earnings to compensate a member for the non-salary benefits of being a full-time serving member. It is only included in normal earnings where normal earnings are calculated by reference to a full-time ADF rate of pay and the person is no longer a full-time serving member.
22.214.171.124 Calculating Pre-CFTS earnings – section 111
Where the person was working before beginning the last period of CFTS:
Pre-CFTS earnings = Reservist’s pre-CFTS pay for the week + Reserve pay for the week
Pre-CFTS pay for the week = (pre-CFTS civilian weekly hours worked x pre-CFTS civilian rate of pay) + allowances (including overtime).
Overtime is only included when the person is working regular overtime.
The example period to calculate pre-CFTS pay is normally the last 2-week period the person was engaged in work ending immediately before the last period of CFTS. If the example period does not fairly represent the person's pay, the delegate may determine a different 2-week period or a period of different length.
If the person was not engaged in work, then pre-CFTS pay is defined as nil.
Reserve pay for the week = Reserve days x Reserve daily rate of pay plus pay-related allowances as advised by Defence. This is calculated based on the person’s history of service over a one year period, see section 126.96.36.199.
The example period to calculate Reserve pay is the 1-year period during which the person was a part-time Reservist immediately before the last period of CFTS, or such a period as the delegate determines is reasonable.