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103. (Repealed).

103. In calculating the average monthly pensionable earnings of a contributor, there may be deducted from the total number of months in his contributory period those months for which the contributor’s pensionable earnings are less than his average monthly pensionable earnings calculated before a deduction is made pursuant to this section or section 104, provided that during such drop-out months the contributor received family benefits or that the drop-out months were included in a period of indemnity of the contributor, and that the deduction is to the advantage of the beneficiary of the benefit.

However, the deduction may not have the effect of reducing the contributory period to a number of months which is less, as the case may be, than

(a) the initial number of the contributory months of the contributor, as regards the establishment of the initial monthly amount of a retirement pension;

(b) 24 months, as regards the establishment of the initial monthly amount of a disability pension;

(c) 36 months, as regards the establishment of the initial monthly amount of a surviving spouse’s pension and the amount of a death benefit in respect of a contributor who dies after 31 December 1993 and who is not, at the time of his death, the beneficiary of a retirement pension payable under this Act or under a similar plan.

The deduction is effected beginning with the months for which the pensionable earnings are the lowest: as a consequence of the deduction, the sum of the pensionable earnings corresponding to the drop-out months is subtracted from the total of the pensionable earnings of the contributor.

103. In calculating the average monthly pensionable earnings of a contributor, there may be deducted from the total number of months in his contributory period those months for which the contributor’s pensionable earnings are less than his average monthly pensionable earnings calculated before a deduction is made pursuant to this section or section 104, provided that during such drop-out months the contributor was the beneficiary of a family allowance or that the drop-out months were included in a period of indemnity of the contributor, and that the deduction is to the advantage of the beneficiary of the benefit.

However, the deduction may not have the effect of reducing the contributory period to a number of months which is less, as the case may be, than

(a) the initial number of the contributory months of the contributor, as regards the establishment of the initial monthly amount of a retirement pension;

(b) 24 months, as regards the establishment of the initial monthly amount of a disability pension;

(c) 36 months, as regards the establishment of the initial monthly amount of a surviving spouse’s pension and the amount of a death benefit in respect of a contributor who dies after 31 December 1993 and who is not, at the time of his death, the beneficiary of a retirement pension payable under this Act or under a similar plan.

The deduction is effected beginning with the months for which the pensionable earnings are the lowest: as a consequence of the deduction, the sum of the pensionable earnings corresponding to the drop-out months is subtracted from the total of the pensionable earnings of the contributor.

103. Where a contributor has made a contribution for earnings after 65 years of age and the total number of months in his contributory period exceeds the basic number of contributory months, in calculating his average monthly pensionable earnings, there shall be deducted from the total number of months, the lesser of the two following numbers:

(a) the number of months in his contributory period after he reached 65 years of age, or

(b) the number of months by which the total exceeds the basic number of contributory months.

In such case, there shall also be deducted from his total pensionable earnings the aggregate of such earnings for a number of months equal to the number of months deducted under the first paragraph, choosing those in which such earnings are lowest.

This section does not apply where the contributor dies after 31 December 1983 or where a retirement pension becomes payable to him after that date.

103. Where a contributor has made a contribution for earnings after 65 years of age and the total number of months in his contributory period exceeds the basic number of contributory months, in calculating his average monthly pensionable earnings, there shall be deducted from the total number of months, the lesser of the two following numbers:

(a) the number of months in his contributory period after he reached 65 years of age, or

(b) the number of months by which the total exceeds the basic number of contributory months.

In such case, there shall also be deducted from his total pensionable earnings the aggregate of such earnings for a number of months equal to the number of months deducted under the first paragraph, choosing those in which such earnings are lowest.