Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:52:p2
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 52 (pt 2/2)
Character Range: 115520–117018

Subrule (1) does not apply to a person if he or she is either:
 (a) a member of the Permanent Forces; or
 (b) a member of the Reserves rendering continuous full‑time service.
 (2) Paragraphs (1)(b) and (c) do not apply to a person whose employer benefit is less than the amount prescribed in rule 65B.
 (2A) Paragraphs (1)(b), (c) and (d) do not apply to a person if:
 (a) the person ceased to be a member because he or she chose to become an ADF Super member; and
 (b) invalidity pension is payable to the person under the Australian Defence Force Cover Act 2015; and
 (c) the person has not turned 60.
 (3) Paragraphs (1)(b) and (d) do not apply to a person:
 (a) whose residual employer benefit is less than one‑half of his or her notional employer benefit; or
 (b) whose notional employer benefit is less than the amount prescribed in rule 65B.
 (4) In this rule:
employer benefit, in the case of a person to whom subrule 51(1A) applies, means the residual employer benefit applicable to the person.
notional employer benefit means the benefit applicable to a person calculated, in accordance with Schedule 4A, at the date of the person's election to convert his or her residual employer benefit into a pension under paragraph (1)(b) or (d).
residual employer benefit means the part of the employer benefit included in a preserved benefit applicable to a person that, at the date of the person's election under paragraph (1)(a), (b) or (d), has not been paid as a lump sum under subrule 51(1A).