Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p24
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 56825–59425

by reason of the operation of sub-paragraph (1)(c)(i) unless an amount equal to the lump sum referred to in that sub-paragraph, or an amount that included an amount based on that lump sum, was paid to the Commissioner in accordance with paragraph 128(1)(a) and an amount that was based, or included an amount based, on that lump sum was not paid to or in respect of the person under this Act or, if such an amount was paid to or in respect of the person under this Act, an amount that was based, or included an amount based, on that lump sum was later paid to the Commissioner in accordance with paragraph 128(1)(a).
     "(5) Paragraph (1)(d) does not apply in relation to a period of employment of a person unless—
         (a) an amount equal to the amount paid to the person from the relevant State Superannuation Fund was paid to the Commissioner and an amount that was based, or included an amount based, on that first-mentioned amount was not paid to or in respect of the person under this Act or, if such an amount was paid to or in respect of the person under this Act, an amount that was based, or included an amount based, on that first-mentioned amount was later paid to the Commissioner in accordance with paragraph 128(1)(a) or sub-section 129(1) or partly in accordance with that paragraph and partly in accordance with that sub-section; and
         (b) the person became an eligible employee immediately after, or within a period of 3 months after, his period of employment during which he was a contributor to a State Superannuation Fund and, if he later ceased to be an eligible employee on an occasion earlier than his first day of service—
             (i) the person again became an eligible employee within a period of 3 months after so ceasing to be an eligible employee; or
             (ii) the person became employed in other eligible employment immediately after, or within a period of 3 months after, so ceasing to be an eligible employee and subsequently did not cease, before his first day of service, to be employed in eligible employment for a period of 3 months or more.
     "(6) A reference in paragraph (1)(b), (c) or (d) to a period of employment of a person who has ceased to be an eligible employee does not include a reference to—
         (a) a period of employment in relation to which a preceding paragraph of that sub-section applies;
         (b) where the person had previously ceased to be an eligible employee by reason of retirement on the ground of invalidity on an occasion earlier than his first day of service and, upon his so ceasing, invalidity