Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p15
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 33431–35985

Provident Account before the expiration of that period or within such further period as the Board allows,
he shall be deemed not to have ceased, by reason of the termination of his service, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee.
"(9.) Where a person is to be deemed, by virtue of the preceding provisions of this section, not to have ceased, by reason of the termination of his service, to be a contributor to the Provident Account or to be, or to be deemed to be, an employee, he shall be deemed to have received

salary from the time of the termination of his service to the time of his death, the time at which his services are to be deemed to have been terminated on the ground of invalidity or the time of the commencement of his employment by the Commonwealth or by the authority, as the case may be, at the rate at which he would have received salary if he had not terminated his service.
"(10.) An amount, or the sum of the amounts, paid to the Provident Account in accordance with paragraph (c) of sub-section (8.) of this section in respect of an amount paid to a person under section eighty-two of this Act shall, to the extent that it exceeds the difference between the amount so paid to the person and the amount paid by the Commonwealth in respect of the amount so paid to the person, be paid from the Provident Account to the Commonwealth.".

Interpretation.
17. Section 108 of the Principal Act is amended—
     (a) by omitting the words "the regulations" and inserting in their stead the words "regulations made for the purposes of this section before the commencement of the Superannuation Act 1971"; and
     (b) by adding at the end thereof the following sub-section:—
     "(2.) For the purposes of this Part, regard shall not be had to so much (if any) of the amount refunded to a person from a Public Service Superannuation Fund upon his ceasing to be a contributor to that Fund as was refunded to him in respect of contributions paid by him to that Fund that were of a similar nature to contributions under this Act for reserve units of pension.".
18. Section 109 of the Principal Act is repealed and the following sections are inserted in its stead:—

Former contributors to Public Service Superannuation Funds who elect to pay refunds to Board.
"109.—(1.) Where—
     (a) an employee who becomes a contributor after the commencement of the Superannuation Act 1971 was, immediately before becoming an employee, a contributor to a Public Service Superannuation Fund;
     (b) he