Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p26
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 26/34)
Character Range: 192164–194868

(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 Act as in force before 1 July 1990:

    (a) the definitions of 'accumulated basic contributions' and 'accumulated supplementary contributions' in subsection 3(1);

    (b) subsections 7a (1), (2), (3) and (4);

    (c) subparagraphs 145 (7) (d) (i), (8) (a) (i) and (9) (a) (i).

"(4) Regulations in force immediately before 1 July 1990 and making provision in relation to interest for the purposes of any of the provisions in relation to which this subsection applies:

    (a) remain in force on and after that date; and

    (b) are taken, for the purposes of those provisions as in force on and after that date, to be determinations made by the Board; and

    (c) may be amended or repealed by such determinations.".

82. After section 155a of the Principal Act the following section is inserted:

Modification of Act in relation to persons who cease to be eligible employees in certain circumstances

"155b. (1) This section applies to a person who:

    (a) ceases to be an eligible employee because his or her position or office ceases to exist as a result of the sale or transfer of an organisation, business, service or asset, or the transfer of a function; and

    (b) before so ceasing to be an eligible employee, was offered equivalent employment by or with the purchaser or transferee.

"(2) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to or in respect of a person to whom this section applies.

"(3) The modifications may include, for example, modifications providing for benefits in substitution for benefits provided for by this Act.".

General provisions applicable to elections under Act

83. Section 157 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2a) Where a person who is entitled to make an election under a provision of this Act, or a declaration under section 244, dies, without making such an election or declaration, before the end of the period (in this subsection called the 'given period') within which the election could have been made:

    (a) if the person is survived by a spouse—the spouse may make such an election within the given period or such longer period as the Commissioner allows; or

    (b) if:

(i) the person is not survived by a spouse; or

       (ii) the person is survived by a spouse but the spouse dies without making such an election or