Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p38
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 87618–90240

Division as if it had been a period in which that pension was payable but, if the person was, immediately before the pension became payable, employed in public employment, shall not, in the calculation of the period during which he was employed in public employment, be treated, by reason of paragraph (a) of the last preceding sub-section, as if it had been a period during which he was employed in public employment.
"(4.) Where a contributor to the Provident Account is allowed by the Board to contribute to the Fund under Part III. of this Act, this Division has effect as if he had become employed in public employment on the date on which he became a contributor to the Fund under that Part.

Eligible employment.
"119p.—(1.) For the purposes of the application of this Division in relation to a person who has ceased to be a contributor to the Fund or to the Provident Account, the following periods of employment of the person are periods of eligible employment:—
     (a) the period of employment during which the person was a contributor to the Fund or to the Provident Account and which terminated at the time when he so ceased to be a contributor to the Fund or to the Provident Account;
     (b) subject to the next two succeeding sub-sections, a period of employment of the person by the Commonwealth, by the Administration of a Territory of the Commonwealth, by a body corporate established for a public purpose by a law of the Commonwealth or of a Territory of the Commonwealth or by a company that is incorporated under the law of a State or Territory of the Commonwealth and in which the Commonwealth has a controlling interest;

     (c) subject to sub-section (4.) of this section, a period of employment (whether within or outside Australia) of the person during which he was a member of a superannuation scheme under which, upon the termination of that employment—
          (i) a lump sum that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person was paid to or in respect of the person;
          (ii) a pension that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became payable to the person; or
          (iii) benefits, whether by way of a lump sum or of a pension, that were payable at a future time and were based, or included an amount or amounts based, wholly upon contributions by the