Document ID: chunk:federal_register_of_legislation:C1965A00097:body:0:p15
Version: federal_register_of_legislation:C1965A00097
Segment Type: other
Provision Reference: 
Character Range: 34795–37477

omitting sub-sections (6.) to (9.), inclusive, and inserting in their stead the following sub-section:—
"(6.) The last three preceding sub-sections do not apply in respect of a payment of pension in respect of a child.".

Break-down retirement.
17. Section 38 of the Principal Act is amended by adding at the end thereof the following sub-section:—
"(2.) The compulsory termination (however expressed) of the service of a contributor in respect of whom an age for retirement is not fixed by law on the ground of invalidity or of physical or mental incapacity to perform his duties shall, for the purposes of this Act, be deemed to be the retirement of the contributor on that ground.".

18. Sections 39 to 41, inclusive, of the Principal Act are repealed and the following sections inserted in their stead:—

Retrenchment and discharge.
"39. Subject to section forty-one of this Act, the compulsory termination of the service of a contributor for the reason that his service or position is not necessary shall, for the purposes of this Act—
       (a) if he has been an employee for not less than ten years—be deemed to be retrenchment; and
       (b) if he has been an employee for less than ten years—be deemed to be discharge.

Dismissal.
"40. Subject to the next succeeding section, the compulsory termination (however expressed) of the service of a contributor, other than—
       (a) retirement on pension as provided by this Act; or

       (b) retrenchment or discharge,
shall, for the purposes of this Act, be deemed to be dismissal.

Compulsory termination of service of certain contributors for whom no retiring age is fixed by law.
"41.—(1.) Subject to this section and to sub-section (2.) of section thirty-eight of this Act, the compulsory termination (however expressed) of the service of a contributor who has attained the age of sixty years and in respect of whom an age for retirement is not fixed by law shall, for the purposes of this Act—
       (a) in the case of a contributor who has not attained the age of sixty-five years and elects to treat the termination as discharge—be deemed to be discharge; and
       (b) in any other case—be deemed to be retirement and, if the contributor has not attained the age of sixty-five years, be deemed to be the retirement of a contributor the age for whose retirement is fixed by law at an earlier age than sixty-five years.

"(2.) The last preceding sub-section does not apply where the Board is satisfied that the service of the contributor was compulsorily terminated by reason of his having been guilty of misconduct or by reason of his having been convicted of an offence against a law of the Commonwealth or of a