Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p25
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 25/34)
Character Range: 189622–192400

to make an election under this section dies

    without making such an election and the election is made by another person under subsection 157 (2a); or

    (b) if a person who has made an election under this section dies, without giving notice under that subsection, before the end of the period for the giving of the notice by the person.".

Circumstances in which person entitled to deferred benefits

77. Section 139 of the Principal Act is amended:

    (a) by inserting in paragraph (1) (a) "is employed in public employment or" after "he";

    (b) by inserting in paragraph (1) (b) "is not employed in public employment and" after "he" (first occurring).

Election for transfer value by persons in relation to whom deferred benefits are applicable

78. Section 139a of the Principal Act is amended:

    (a) by omitting from subsection (1) "Where" and substituting "Subject to subsection (1a), where";

    (b) by inserting after subsection (l) the following subsection:

"(1a) Except where the Minister otherwise directs, a person:

(a) to whom deferred benefits are applicable under subsection 139 (1); and

        (b) who is a member of an eligible superannuation scheme that is applicable to persons employed in the public employment in which he or she is employed;

    may not make an election under subsection (1) if the person ceased to be an eligible employee on his or her becoming a member of that superannuation scheme.".

Person who is entitled to rights under Division not entitled to rights under other provisions of Act

79. Section 140 of the Principal Act is amended:

    (a) by inserting in subparagraph (2) (a) (i) "or Part VIa" after "80";

    (b) by omitting from subparagraph (2) (a) (ii) "59" and substituting "55 or 59 or Part VIa";

    (c) by inserting in subparagraph (2) (a) (ii) "or Part VIa" after "62".

Special provisions affecting certain former contributors under certain superannuation schemes

80. Section 145 of the Principal Act is amended by omitting from subparagraphs (7) (d) (i), (8) (a) (i) and (9) (a) (i) ", in accordance with the regulations,".

81. After section 154 of the Principal Act the following section is inserted:

Determinations with respect to interest

"154a. (1) Where, under any provision of this Act, interest is payable in respect of an amount, the interest must be calculated, and is payable, in accordance with a determination made by the Board for the purposes of that provision.

"(2) A determination by the Board under subsection (1) takes effect from:

    (a) a specified day; or

    (b) if no day is specified in the determination—the day of the making of the determination;

and must be published in the Gazette.

"(3) Subsection (4) applies in relation to the following provisions of this