Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p47
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 116576–119218

(Distribution of Surplus) Act 1974, or was or is made under section 176 of the Superannuation Act 1976, to a person referred to in sub-paragraph (1) (a) (ii) or paragraph (1) (b), the amount of compound interest referred to in that sub-paragraph or that paragraph, as the case requires, shall be reduced by such amount as the Commissioner determines to be appropriate having regard to the amount of that payment and the time at which that payment was or is made.".

Election that Division apply
85. Section 119u of the Principal Act is amended by omitting from paragraph (6) (b) "the person leaves an eligible child or eligible children" and substituting "there is an eligible child of the person or an eligible child of the widow or widower".

Circumstances in which person entitled to deferred benefits
86. Section 119w of the Principal Act is amended—
     (a) by omitting from sub-sections (2), (3) and (6) "age of sixty years" and substituting "person's relevant retiring age"; and
     (b) by adding at the end the following sub-section:
     "(9) In this section, 'relevant retiring age', in relation to a person, means the age that would have been the person's minimum retiring age for the purposes of the Superannuation Act 1976 if the person—
          (a) had not ceased to be a contributor to the Fund or to the Provident Account;
          (b) had become an eligible employee for the purposes of that Act on 1 July 1976 by virtue of paragraph (a) of the definition of 'eligible employee' in sub-section 3 (1) of that Act; and
          (c) had continued to occupy the position held immediately before ceasing to be a contributor to the Fund or to the Provident Account.".

87. After section 119w of the Principal Act the following sections are inserted:

Medical examination, &c., of persons to whom deferred benefits by way of pension are payable under section 119w
"119wa. (1) The Commissioner may, by notice in writing given to a person to whom deferred benefits by way of pension are payable by virtue of paragraph (a) of sub-section (2) of section 119w, require that person—
     (a) to submit himself or herself for medical examination by a medical practitioner at a time, being a time before the person attains the age of 65 years, and place specified in the notice; or
     (b) to give in writing to the Commissioner, within such period, being a period that ends before the person attains the age of 65 years, as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his or her own account) in which the person has been engaged during such