Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:80
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 80
Character Range: 31218–33229

80                   Omit from paragraph (b) of subsection (1) 'or under Division 3 of Part IX,' substitute ', under Division 3 of Part IX or under Division 8 of Part XII'
                     Omit subsections (2) and (3), substitute the following:
                          '(2) Where:
                            (a) a person, at any time before the commencing day, ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties and, upon his so ceasing to be such an employee, became entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948;
                            (b) the pension referred to in paragraph (a) was cancelled under subsection 65 (3) of the superseded Act upon the person again becoming an employee for the purposes of that Act;
                            (c) the person did not, at any time after that pension was so cancelled and before the commencing day, cease to be such an employee; and
                            (d) the person ceases to be an eligible employee, otherwise than by reason of death, but, upon so ceasing, does not become entitled to benefit under Division 1, 2 or 4 of this Part, under Division 3 of Part IX or under Division 8 of Part XII;
                          then, subject to subsection (3), the person is entitled to a lump sum benefit equal to the difference between:
                            (e) the person's accumulated contributions; and
                            (f) the total amount of contributions paid by the person to the existing Fund before he became entitled to the pension referred to in paragraph (a).
                          (3) A person to whom subsection (2) applies is not entitled to any benefit under this section if the amount referred to in paragraph (2) (f) in relation to the person is equal to or exceeds the person's accumulated contributions.'.