Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p14
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 32317–35084

(4) "completed" and substituting "complete".

Rate of additional early retirement pension and amount of lump sum benefit
31. Section 61 of the Principal Act is amended by omitting sub-sections (3) and (4) and substituting the following sub-sections:

"(3) The factor applicable to a person for the purposes of sub-sections (1) and (2) is such factor as, having regard to his age on his last day of service and such other matters (if any) as are prescribed, is applicable to him in accordance with regulations made for the purposes of this sub-section.

"(4) In this section—
     'notional final annual rate of salary', in relation to a person, means the annual rate of the person's final annual rate of salary reduced by such percentage of that rate as, having regard to his age on his last day of service and such other matters (if any) as are prescribed, is applicable to him in accordance with regulations made for the purposes of this definition.

Entitlement to invalidity benefit
32. Section 66 of the Principal Act is amended—
     (a) by omitting from sub-sections (1) and (2) "(3) and (4)" and substituting "(3), (3a) and (4)";
     (b) by inserting in paragraph (c) of sub-section (2) "or conditions" after "condition" (second occurring); and
     (c) by inserting after sub-section (3) the following sub-sections:
     "(3a) Where—
        (a) a person ceases to be an eligible employee and, upon his so ceasing, deferred benefits become applicable in relation to him by virtue of Division 3 of Part IX;
        (b) deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him in accordance with section 68 or 71;
        (c) the deferred benefit is cancelled under sub-section 76(1) upon his again becoming an eligible employee or is cancelled under sub-section 143(2); and
        (d) the person later ceases to be an eligible employee by reason of retirement on the ground of invalidity before attaining his maximum retiring age or becomes entitled to deferred benefit by way of invalidity benefit,
the person is not entitled to invalidity benefit in accordance with section 67 or 70, but he is entitled to invalidity benefit in accordance with section 68 or 71, as the case may be, as if he had made an election under whichever of those sections is applicable.

"(3b) Sub-sections (3) and (3a) shall not be taken to prevent a person who would, but for those sub-sections, be entitled to make an election under section 69 or 72 from making such an election and becoming entitled to invalidity benefit in accordance with whichever of those sections is applicable.".

Cancellation of invalidity pension where invalidity pensioner again becomes eligible employee, &c.
33.