Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 44

44. Section 112 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) ''(3) and (4)'' and substituting
        ''(3), (4) and (4A)'';

   (b)  by inserting after sub-section (4) the following sub-section:

''(4A) Where a person ceases to be an eligible employee and, upon his so
ceasing, deferred benefits become applicable in relation to him by virtue of
Division 3 of Part IX, sub-section (1) does not apply in relation to him.'';
and

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

''(6) Subject to sub-sections (7) and (8), where deferred benefits applicable
in relation to a person by virtue of Division 3 of Part IX cease to be so
applicable upon a deferred benefit becoming payable to or in respect of the
person, the accumulated contributions of the person shall be paid out of the
Superannuation Fund into the Consolidated Revenue Fund.

''(7) Where deferred benefits applicable in relation to a person by virtue of
Division 3 of Part IX cease to be so applicable upon a deferred benefit by way
of a lump sum benefit equal to his accumulated contributions becoming payable
to or in respect of him out of the Superannuation Fund, sub-section (6) does
not apply in relation to him.

''(8) Where deferred benefits applicable in relation to a person by virtue of
Division 3 of Part IX cease to be so applicable upon a deferred benefit by way
of a lump sum benefit equal to his accumulated supplementary contributions
becoming payable to or in respect of him out of the Superannuation Fund,
sub-section (6) does not apply in relation to him, but his
accumulated basic contributions shall be paid out of the Superannuation Fund
into the Consolidated Revenue Fund.

''(9) Where-

   (a)  a deferred benefit by way of invalidity pension is payable to a person
        in accordance with section 67 or 70; and

   (b)  the deferred benefit is cancelled under sub-section 76 (1) or 143 (2),

an amount equal to the amount that was paid in respect of the person out of
the Superannuation Fund into the Consolidated Revenue Fund upon that deferred
benefit becoming payable to him shall be paid to the Superannuation Fund out
of the Consolidated Revenue Fund, which is appropriated accordingly.''.