Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 43

43. Section 111 of the Principal Act is amended-

   (a)  by omitting from sub-section (2) ''(excluding, if he is a person who
        at any time ceased to be an eligible employee otherwise than by reason
        of having been retired on the ground of invalidity, any benefit or
        benefits paid to him before he so ceased)'' and substituting ''(other
        than any benefit or benefits, or a part of any benefit or benefits,
        that, by virtue of sub-section (4), (5) or (6), is or are to be
        excluded from consideration for the purposes of this sub-section)'';

   (b)  by inserting in sub-section (2) ''or, if the person had ceased to be
        an eligible employee on more than one occasion, as at the time when he
        last
ceased to be an eligible employee'' after ''eligible employee'' (last
occurring);

   (c)  by inserting in sub-section (2) ''the person, or, if the person has
died, to'' after ''paid to'' (last occurring); and

   (d)  by adding at the end thereof the following sub-sections:

''(4) Where a person ceased to be an eligible employee on an occasion earlier
than his first day of service and, upon his so ceasing, the person was not
entitled to benefit under Division 1, 2 or 4 of Part V or under Division 3 of
Part IX, any benefit or benefits paid to or in respect of him before he so
ceased or last so ceased, or upon his so ceasing or last so ceasing, shall be
excluded from consideration for the purposes of sub-section (2).

''(5) Where a person ceased to be an eligible employee by reason of retirement
on the ground of invalidity on an occasion earlier than his first day of
service and, upon his so ceasing, invalidity benefit was paid to him in
accordance with section 68, 69, 71, 72 or 73, any benefit or benefits paid to
or in respect of him before he so ceased or last so ceased, or upon his so
ceasing or last so ceasing, (other than any benefit or benefits, or a part of
any benefit or benefits, that, by virtue of sub-section (7), is or are to be
taken into account in relation to the person for the purposes of this
sub-section) shall be excluded from consideration for the purposes of
sub-section (2).

''(6) Where a person became entitled to a deferred benefit by way of
invalidity benefit in accordance with section 68, 69, 71, 72 or 73 on an
occasion earlier than his first day of service, any benefit or benefits paid
to or in respect of him before he became entitled to such a deferred benefit
or last became entitled to such a deferred benefit, or upon his becoming
entitled to such a deferred benefit or last becoming entitled to such a
deferred benefit, (other than any benefit or benefits, or a part of any
benefit or benefits, that, by virtue of sub-section (7), is or are to be taken
into account in relation to the person for the purposes of this sub-section)
shall be excluded from consideration for the purposes of sub-section (2).

''(7) For the purposes of sub-sections (5) and (6)-

   (a)  such part of any invalidity pension paid to a person in accordance
        with section 67 or 70 as would have been paid to him in accordance
        with section 68 or 71, as the case may be, if the person had made an
        election under sub-section 68 (1) or 71 (1), as the case may be;

   (b)  such part of any deferred benefit paid to a person by way of
        invalidity pension in accordance with section 67 or 70 as would have
        been paid to him in accordance with section 68 or 71, as the case may
        be, if the person had made an election under sub-section 68 (1) or 71
        (1), as the case may be;

   (c)  any invalidity pension paid to a person in accordance with section  68
        or 71; and

   (d)  any deferred benefit paid to a person by way of invalidity pension in
        accordance with section 68 or 71,

shall be taken into account in relation to the person.''.