Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p32
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 32/38)
Character Range: 97406–100269

that may be made by the regulations in pursuance of subsection (6) include, but are not limited to, modifications providing for benefits in addition to, or in substitution for, benefits provided for by this Act.

Election to cease making contributions

"51b. (1) This section applies to a person:

    (a) who is an eligible employee; and

    (b) whose period of contributory service, if the person were to cease to be an eligible employee, would exceed 40 years.

"(2) A person to whom this section applies may elect in writing addressed to the Commissioner, to cease paying contributions.

"(3) Where a person makes an election under this section, the person is not required or permitted to make contributions on any contribution day occurring while the election has effect.

"(4) A person who has made an election under this section may, by writing addressed to the Commissioner, revoke the election.

"(5) An election ceases to have effect at the end of the day on which it is revoked.".

41. After Part IV of the Principal Act the following Part is inserted:

"PART IVa—RETIREMENT ON GROUND OF INVALIDITY

"Division 1—Preliminary

Interpretation

"54a. In this Part, unless the contrary intention appears:

'Comcare' means the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees established under the Commonwealth Employees' Rehabilitation and Compensation Act 1988;

'compensation leave', in relation to an eligible employee, means leave of absence from his or her employment due to an incapacity for work resulting from an injury in respect of which:

   (a) if the Commonwealth Employees' Rehabilitation and Compensation Act 1988 applies in relation to the eligible employee—compensation is payable under section 19 or 22 of that Act; or

   (b) in any other case—payments similar in nature to payments under those sections are payable;

'totally and permanently incapacitated' has the meaning given by section 54b.

Meaning of "totally and permanently incapacitated"

"54b. For the purposes of this Part a person is totally and permanently incapacitated if, because of a mental or physical condition, it is unlikely that the person will ever be able to work in any employment or hold any office for which the person:

(a) is reasonably qualified by education, training or experience; or

(b) could become reasonably qualified after retraining.

"Division 2—Certification by Board

Eligible employee not to be retired on ground of invalidity without certificate from Board

"54c. (1) In spite of anything contained in any Act, award, determination or contract of employment, an eligible employee who has not reached his or her maximum retirement age is not, after the commencement of this section, capable of being retired from the employment or office by virtue of which he or she is an eligible employee on the ground