Document ID: chunk:federal_register_of_legislation:C2024C00825:section:119p:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 119P (pt 1/3)
Character Range: 359999–362578

119P  Eligible employment
 (1) For the purposes of the application of this Division in relation to a person who has ceased to be a contributor to the Fund or to the Provident Account, the following periods of employment of the person are periods of eligible employment:
 (a) the period of employment during which the person was a contributor to the Fund or to the Provident Account and which terminated at the time when he so ceased to be a contributor to the Fund or to the Provident Account;
 (b) subject to subsections (2) and (3), a period of employment of the person by the Commonwealth, by the Administration of a Territory, by a body corporate established for a public purpose by a law of the Commonwealth or of a Territory or by a company that is incorporated under the law of the Commonwealth or of a State or Territory and in which the Commonwealth has a controlling interest;
 (c) subject to subsection (4), a period of employment (whether within or outside Australia) of the person during which he was a member of a superannuation scheme under which, upon the termination of that employment:
 (i) a lump sum that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person was paid to or in respect of the person;
 (ii) a pension that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became payable to the person; or
 (iii) benefits, whether by way of a lump sum or of a pension, that were payable at a future time and were based, or included an amount or amounts based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became applicable in respect of the person; and
 (d) subject to subsection (5), a period of employment of a person during which:
 (i) he was a member of a superannuation scheme within the meaning of Part VIA;
 (ii) he was a contributor to a State Fund within the meaning of Part VII or VIIA; or
 (iii) he was a contributor to a Public Service Superannuation Fund within the meaning of Part VIII.
 (2) Paragraph (b) of subsection (1) does not apply in relation to a period of employment of a person that terminated before the commencement of this section unless, before the expiration of three months after the termination of that employment, the