Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 47

47. Section 132 of the Principal Act is amended-

   (a)  by omitting from sub-paragraph (i) of paragraph (c) of sub- section
        (1) ''to'' (last occurring) and substituting ''of'';

   (b)  by adding at the end of paragraph (a) of sub-section (3) ''and an
        amount that was based, or included an amount based, on that lump sum
        was not paid to or in respect of the person under this Act or, if such
        an amount was paid to or in respect of the person under this Act, an
        amount that was based, or included an amount based, on that lump sum
        was later paid to the Commissioner in accordance with paragraph 128
        (1) (a)''; and

   (c)  by omitting sub-sections (4), (5) and (6) and substituting the
        following sub-sections:

''(4) Paragraph (1) (c) does not apply in relation to a period of employment
of a person by reason of the operation of subparagraph (1) (c) (i) unless an
amount equal to the lump sum referred to in that sub-paragraph, or an amount
that included an amount based on that lump sum, was paid to the Commissioner
in accordance with paragraph 128 (1) (a) and an amount that was based, or
included an amount based, on that lump sum was not paid to or in respect of
the person under this Act or, if such an amount was paid to or in respect of
the person under this Act, an amount that was based, or included an amount
based, on that lump sum was later paid to the Commissioner in accordance with
paragraph 128 (1) (a).

''(5) Paragraph (1) (d) does not apply in relation to a period of employment
of a person unless-

   (a)  an amount equal to the amount paid to the person from the relevant
        State Superannuation Fund was paid to the Commissioner and an amount
        that was based, or included an amount based, on that first-mentioned
        amount was not paid to or in respect of the person under this Act or,
        if such an amount was paid to or in respect of the person under this
        Act, an amount that was based, or included an amount based, on that
        first-mentioned amount was later paid to the Commissioner in
        accordance with paragraph 128 (1) (a) or sub-section 129 (1) or partly
        in accordance with that paragraph and partly in accordance with that
        sub-section; and

   (b)  the person became an eligible employee immediately after, or within a
        period of 3 months after, his period of employment during which he was
        a contributor to a State Superannuation Fund and, if he later ceased
        to be an eligible employee on an occasion earlier than his first day
        of service-

        (i)    the person again became an eligible employee within a period of
               3 months after so ceasing to be an eligible employee; or

        (ii)   the person became employed in other eligible employment
               immediately after, or within a period of 3 months after, so
               ceasing to be an eligible employee and subsequently did not
               cease, before his first day of service, to be employed in
               eligible employment for a period of 3 months or more.

''(6) A reference in paragraph (1) (b), (c) or (d) to a period of employment
of a person who has ceased to be an eligible employee does not include a
reference to-

   (a)  a period of employment in relation to which a preceding paragraph of
        that sub-section applies;

   (b)  where the person had previously 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 69, 72
        or 73-a period of employment before he so ceased or last so ceased; or

   (c)  where the person became entitled to a deferred benefit by way of
        invalidity benefit in accordance with section 69, 72 or 73 on an
        occasion earlier than his first day of service-a period of employment
        before he became entitled to such a deferred benefit or last became
        entitled to such a deferred benefit.''.