Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p26
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 63775–66476

retiring age;
     (b) did not make an election under section 69 or 72;
     (c) would, if he or she had resigned or had retired otherwise than on the ground of invalidity, have been entitled to a pension under section 55 or 59; and

     (d) has not attained the age of 65 years,
the person may make, by notice in writing to the Commissioner, an election to renounce the invalidity pension and, where the person does so, the person is not entitled to the invalidity pension on and after a day determined by the Commissioner (not being a day earlier than the day on which the election was made).".

Payment of accumulated contributions where no other benefit payable under Part
36. Section 80 of the Principal Act is amended—
     (a) by omitting from paragraph (2) (f) all the words after "exceeds" and substituting the following:
         "the difference between—
           (i) the total of the amounts of invalidity pension at any time paid to the person in accordance with section 67 or 70 and the amounts of deferred benefit by way of invalidity pension at any time paid to the person in accordance with either of those sections (other than an amount, if any, taken into account in a previous application of this sub-section or sub-section (3) in relation to the person); and
           (ii) what would have been that total if the person had made an election under sub-section 68 (1) or 71 (1) in respect of the invalidity pension or deferred benefit so paid—
     the amount of that excess."; and
     (b) by omitting from paragraph (3) (h) all the words after "exceeds" and substituting the following:
         "the difference between—
           (i) the total of the amounts of invalidity pension at any time paid to the person in accordance with section 67 or 70 and the amounts of deferred benefit by way of invalidity pension at any time paid to the person in accordance with either of those sections (other than an amount, if any, taken into account in a previous application of this sub-section or sub-section (2) in relation to the person); and
           (ii) what would have been that total if the person had made an election under sub-section 68 (1) or 71 (1) in respect of the invalidity pension or deferred benefit so paid—
     the amount of that excess.".

Entitlement to spouse's benefit under Division
37. Section 81 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (c) "sub-section 84 (2) and, where the eligible employee had paid supplementary contributions, an additional lump sum benefit in accordance with sub-section 84 (3)" and substituting "that section";

     (b) by omitting from sub-paragraph (2) (d) (iii) "sub-section 87 (2) and, where the