Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:76
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 76
Character Range: 34485–37005

76                   Omit the section, substitute the following section:

                           '76 Cancellation of invalidity pension — subsequent entitlement

                      '(1) Upon an existing invalidity pensioner becoming an eligible employee, his or her entitlement to a relevant pension is, by force of this subsection, cancelled.
                      '(2) Where an eligible employee referred to in subsection (1) ceases to be an eligible employee before attaining his or her maximum retiring age by reason of death or retirement on the ground of invalidity, the annual rate of any pension that becomes payable under this Act to or in respect of the person upon or after his or her so ceasing to be an eligible employee shall be not less than:
                      (a) in the case of pension payable to the person:
                      (i) the rate at which the relevant pension referred to in subsection (1) would have been payable to the person if he or she had not become an eligible employee; or
                      (ii) if a lesser rate is applicable in relation to the person under the regulations — that lesser rate; and
                      (b) in the case of pension payable in respect of the person:
                      (i) the rate at which that pension would have been payable in respect of the person if he or she had not become an eligible employee; or
                      (ii) if a lesser rate is applicable in relation to the person under the regulations — that lesser rate.
                      '(3) If:
                      (a) a person's entitlement to a relevant pension has, whether before or after the commencement of this subsection, been cancelled under subsection (1) upon the person's becoming an eligible employee; and
                      (b) the person so became an eligible employee as a result of having been appointed to an office or position on probation; and
                      (c) after that commencement the person ceases to be an eligible employee before attaining the person's maximum retiring age; and
                      (d) the person so ceased to be an eligible employee as a result of the appointment not being confirmed because the person had a physical or mental condition;
                     the person is entitled to a pension, and subsection (2) applies, for the purpose of calculating the annual rate of that pension, as if the person had so ceased to be an eligible employee by reason of retirement on the ground of invalidity.'.