Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p23
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 53049–55858

to have come into force on that earlier day.
"(13) A superannuation scheme shall be taken, for the purposes of this section, to have been an approved superannuation scheme at a particular time if a declaration by the Treasurer under sub-section (11) in respect of that scheme was, or is deemed to have been, in force at that time.

Power of Trust to vary deter­minations.
"22s. Where, in pursuance of this Part, the Trust has power to make a determination in relation to a matter, the power shall be construed as including a power, exercisable in the like manner and subject to the like conditions (if any), to vary a determination so made.".

Exemption of Trust from taxation.
24. Section 23 of the Principal Act is repealed.

Benefits not assignable.
25. Section 24 of the Principal Act is amended—
    (a) by omitting from sub-section (1) the word "Pensions" and substituting the words "Retiring allowances, annuities"; and
    (b) by omitting from sub-section (2) the word "pension" (wherever occurring) and substituting the words "retiring allowance, annuity".

Accrual of retiring allowances, annuities and contributions.
26. Section 24a of the Principal Act is amended by omitting the word "Pensions" and substituting the words "Retiring allowances, annuities".

Payment of retiring allowances and annuities.
27. Section 24b of the Principal Act is amended—
    (a) by omitting from sub-section (1) the word "Pensions" and substituting the words "Retiring allowances and annuities"; and
    (b) by omitting from sub-section (2) the word "pension" (wherever occurring) and substituting the words "retiring allowance or annuity".

Payment otherwise than to person entitled.
28. Section 26 of the Principal Act is amended—
    (a) by omitting the word "pension" and substituting the words "retiring allowance, annuity"; and
    (b) by omitting the words "pensioner or other person entitled to the benefit" and substituting the words "person entitled to the retiring allowance, annuity or other benefit".
29. After section 26 of the Principal Act the following section is inserted:—

Calculation of period of service in certain circumstances.
"26a. For the purposes of this Act, where the period of service of a member or former member comprises a number of periods that are not continuous with one another and two or more of which are periods other than a complete year or an exact number of complete years, the number of complete years in that period of service shall be taken to be the sum of—
    (a) the numbers of complete years in the periods comprised in that period of service; and
    (b) the number ascertained by dividing the total of the number of days remaining in those periods by three hundred and sixty-five and disregarding any fraction in the number so ascertained.".

30. Section 27 of