Document ID: chunk:federal_register_of_legislation:C2022C00288:section:82g:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 82G (pt 1/4)
Character Range: 108663–111076

82G  Pension or benefit payable
 (1) The application of Part V to and in relation to a person to whom this Part applies is subject to this section.
 (2) For the purpose of determining the pension payable upon the retirement of a person to whom this Part applies, the service for pension of that person shall be deemed to be the aggregate of the periods of service for pension served by that person prior to and after he became a person to whom this Part applies, other than service in respect of which a refund of contributions has been paid or is payable to him.
 (3) Where a person to whom this Part applies is, upon retirement, an officer but not a member of the Permanent Forces, his age on retirement shall, for the purposes of subsections 38(3) and (3A) and subsections 39(3), (3A) and (4), but not for any other purpose of this Act, be deemed to be his actual age on retirement reduced by a period equal to the period commencing on the date when he first became entitled to pension under this Act and ending on the date immediately preceding the date on which he became a person to whom this Part applies.
 (4) Where:
 (a) immediately before he became entitled to a pension, a person to whom this Part applies was a member other than an officer and had completed 20 years' service for pension;
 (b) on retirement after becoming a person to whom this Part applies, he is an officer but is not entitled to pension under Part V; and
 (c) his failure to be entitled to pension is not attributable to the operation of section 54 or 71;
he is entitled, on retirement (in lieu of any other benefit to which, but for this subsection, he would be entitled):
 (d) to pension as if, on retirement, he had held the rank last held by him before he became an officer; and
 (e) to a refund of so much of his contributions to the Fund as is equal to the difference between the amount of contributions paid by him to the Fund and the amount of contributions that would have been paid by him to the Fund if, at all times when he was an officer, he had held the rank last held by him before he became an officer.
 (5) Where:
 (a) the pension of a person to whom this Part applies became payable by virtue of section 51;
 (b) immediately before he became entitled to that pension, he was an officer and had completed 20 years' service for pension; and
 (c) on retirement after having become a person to whom this Part applies,