Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p25
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 59179–61876

that sub-section applies;
         (b) where the person had previously ceased to be an eligible employee by reason of retirement on the ground of invalidity on an occasion earlier than his first day of service and, upon his so ceasing, invalidity benefit was paid to him in accordance with section 69, 72 or 73—a period of employment before he so ceased or last so ceased; or
         (c) where the person became entitled to a deferred benefit by way of invalidity benefit in accordance with section 69, 72 or 73 on an occasion earlier than his first day of service—a period of employment before he became entitled to such a deferred benefit or last became entitled to such a deferred benefit.".

Deferred benefits
48. Section 136 of the principal Act is amended by adding at the end thereof the foliowing sub-sections:

"(4) Where—
     (a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him under this Division;

     (b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 67, 68, 70 or 71; and
     (c) his entitlement to the deferred benefit is cancelled under sub-section 143 (2) and deferred benefits again become applicable in relation to him,
this sub-section applies to the person.

"(5) 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 and in relation to a person to whom sub-section (4) applies, or to and in relation to a prescribed class of persons to whom that sub-section applies.
"(6) The modifications that may be made by regulations in pursuance of sub-section (5) include, but are not limited to, modifications providing for the payment of benefits in substitution for benefits provided for by this Act.".

Election that Division apply
49. Section 137 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

"(1) Where a person ceases to be an eligible employee and, upon so ceasing, is not entitled to pension under this Act or invalidity benefit in accordance with section 69, 72 or 73, he may, not later than 21 days after he so ceases to be an eligible employee, elect, by notice in writing to the Commissioner, that this Division apply in relation to him.".

Circumstances in which person entitled to deferred benefits
50. Section 139 of the Principal Act is amended by omitting from sub-paragraph (i) of paragraph (c) of sub-section (2) "or" and substituting "and".

Person who is entitled to rights under