Document ID: chunk:federal_register_of_legislation:C1965A00097:body:0:p21
Version: federal_register_of_legislation:C1965A00097
Segment Type: other
Provision Reference: 
Character Range: 49286–51777

the last preceding sub-section is retired on the ground of invalidity or of physical or mental incapacity to perform his duties, the rate of pension that is payable to him shall be not less than the rate of pension that would have been payable to him if his pension bad not been cancelled.
"(5.) If, after a person referred to in sub-section (1.) of this section has again become an employee, the person resigns or is dismissed or discharged, sub-section (1.) of section fifty-one of this Act applies in relation to him as if the reference in that sub-section to the amount of the actual contributions paid by him under this Act were a reference to the amount of so much of those contributions as was paid by him under this Act after he again became an employee.
"(6.) If the Board is satisfied that—
       (a) the health of a person to whom a pension is being paid under section forty-five of this Act has become so restored as to enable him to perform duties of a kind that are, in the opinion of the Board, suitable to be performed by him, having regard to the duties performed by him immediately before his retirement; or
       (b) the degree of invalidity or incapacity in relation to civil employment of a person to whom a pension is being paid by virtue of sub-section (1.) of section eight of the Superannuation Act 1948 is less than ten per centum,
and the person has not become an employee but is employed by the Commonwealth, by an approved authority or by any other employer or is engaged in work on his own account, being employment or work from which the rate of his earnings is not less than two-thirds of the notional rate of salary in relation to him, the Board may suspend his pension.

"(7.) If, after the Board has so suspended the pension payable to a person—
       (a) in the case of a person referred to in paragraph (a) of the last preceding sub-section—the Board is satisfied that the health of that person has so deteriorated as to prevent him performing duties of a kind that are, in the opinion of the Board, suitable to be performed by him;
       (b) in the case of a person referred to in paragraph (b) of that sub-section—the Board is satisfied that the degree of invalidity or incapacity in relation to civil employment of the person has increased to not less than ten per centum; or
       (c) in the case of a person referred to in either paragraph (a) or paragraph (b) of that sub-section—the person has ceased to engage in employment or work of a kind