Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 54

54. Section 144 of the Principal Act is amended-

   (a)  by omitting from paragraph (b) of sub-section (1) ''60'' and
        substituting ''65''; and

   (b)  by omitting sub-section (2) and substituting the following
        sub-section:

''(2) Where-

   (a)  a deferred benefit by way of invalidity pension becomes payable to a
        person;

   (b)  his entitlement to the deferred benefit is cancelled under sub-section
        76 (1) upon his again becoming an eligible employee or is cancelled
        under sub-section 143 (2) and he again becomes an eligible employee;
        and

   (c)  he again ceases to be an eligible employee before attaining his
        maximum retiring age by reason of death or retirement on the ground of
        invalidity,

the annual rate of any pension that becomes payable under this Act to or in
respect of him upon or after his again ceasing to be an eligible employee as
referred to in paragraph (c) shall not be less than-

   (d)  in the case of pension payable to the person-

        (i)    the rate at which the deferred benefit referred to in paragraph
               (a) would have been payable to him if it had not been
               cancelled; or

        (ii)   if a lesser rate is applicable in relation to him under the
               regulations-that lesser rate; and

   (e)  in the case of pension payable in respect of the person-

        (i)    the rate at which that pension would have been payable in
               respect of him if the deferred benefit referred to in paragraph
               (a) had not been cancelled; or

        (ii)   if a lesser rate is applicable in relation to him under the
               regulations-that lesser rate.''.