Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p14
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 33520–36354

basic contributions had been paid at the rate at which they would have been paid if:

SCHEDULE 2—continued

    (a) in respect of a partial invalidity pension paid under section 77—the person's annual rate of salary on the day on which the person again became an eligible employee had been the same as the annual rate of the person's retirement salary for the purposes of that section; or

    (b) in respect of a partial invalidity pension paid under section 78—the person's annual rate of salary had not decreased as mentioned in that section.".

81. Subsection 62B(4) (definition of "GBPROD"):

Before "Board" insert "Commissioner or the".

82. Section 76:

Add at the end:

"(3) If:

    (a) a person's entitlement to an invalidity 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 invalidity 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.".

83. Paragraph 77(2)(b):

Omit "his discretion", substitute "its discretion".

84. Subsection 78(1):

Omit "Where", substitute "Subject to section 78A, if".

85. Subparagraph 78(2)(a)(ii):

Omit "his discretion", substitute "its discretion".

86. Subparagraph 78(2)(b)(iv):

Omit "his discretion", substitute "its discretion".

87. After section 78:

Insert:

SCHEDULE 2—continued

Partial invalidity pension not payable in certain circumstances

"78A.(1) A partial invalidity pension, or an increase in the rate of such a pension, is not payable to a person under section 78 if the person is entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988, or under any other law of the Commonwealth, or any law of a State or Territory, providing for compensation for an employee who suffers injury or disease arising out of, or in the course of, his or her employment, in respect of the physical or mental incapacity that would, apart from this subsection, give rise to the entitlement to the pension or to the increase, as the case may be.

"(2) If a person was entitled to a partial invalidity pension immediately before the commencement of this section, subsection (1) does not apply to the pension as payable immediately before