Document ID: chunk:federal_register_of_legislation:F2005C00642:reg:2:p2
Version: federal_register_of_legislation:F2005C00642
Segment Type: reg
Provision Reference: reg 2 (pt 2/7)
Character Range: 155077–157607

the ground of invalidity or physical or mental incapacity to perform his or her duties; and
    (b) that person had, upon ceasing to be such an employee, become entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948; and
    (c) that person again became an employee for the purposes of the superseded Act; and

    (d) the pension referred to in paragraph (b) was cancelled under subsection 65 (3) of the superseded Act upon the person again becoming such an employee;
   this Division applies to and in relation to that person as if he or she had not ceased during the period of his or her retirement to be:
    (e) an employee; and
    (f) a contributor to the existing Fund.
   '236B Prescribed periods of service

    '(1) Subject to subsection (2), each of the following periods is a prescribed period of service in relation to a relevant person:
    (a) except where paragraph (b) applies–the period that commenced on the date of commencement of his or her contributions and ended on the relevant cessation day, but excluding:
    (i) any period during which he or she was not required or permitted by virtue of subsection 100J (2), 107K (2), 110 (2) or 119K (2) of the superseded Act to contribute to the existing Fund in respect of units of pension; and
    (ii) if the person was a contributor to the Provident Account immediately before the commencing day, any period during which he or she was on leave of absence without pay (otherwise than on the ground of illness) and in respect of which paragraph 80 (5) (b) of the superseded Act applied to the person; and
    (b) where:
    (i) the person, being a person who on the relevant cessation day was, by reason of a decision of the former Board under section 79 of the superseded Act, liable to contribute to the existing Fund under Part III of that Act, did not make an election in relation to that decision under subsection 79 (4) of the superseded Act as in force before 25 May 1971 or under paragraph 119J (1) (b) of the Act; or
    (ii) if the person made such an election, the amount required to be paid to the former Board under that election was not so paid;
     the period that commenced on the date of the decision of the former Board by reason of which the person was so liable to contribute to the existing Fund and ended on the relevant cessation day, but excluding any periods during which he or she was not required or permitted by virtue of subsection 100J (2), 107K (2), 110 (2) or