Document ID: chunk:federal_register_of_legislation:C2024C00465:section:78:p1
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 78 (pt 1/3)
Character Range: 193539–196050

78  Circumstances in which person entitled to deferred benefits
 (1) Where a person makes an election under section 76 and:
 (a) he becomes employed in public employment within the period that is the prescribed period in relation to him but a transfer value is not payable in respect of him under section 77; or
 (b) he does not become employed in public employment within that period but at the time when he ceased to be an eligible member of the Defence Force he had completed 20 years' eligible employment or had attained the age of 60 years;
deferred benefits are, subject to this Division, applicable in respect of the person.
 (2) Deferred benefits that are applicable in respect of a person are payable as from the day immediately following the earliest of the following dates:
 (a) where CSC is satisfied that the person has, by reason of invalidity or of physical or mental incapacity, become incapable (otherwise than temporarily), at a time when he was employed in public employment or after he had completed 20 years' eligible employment, of performing duties of a kind suitable to be performed by him having regard to the duties performed by him in the employment in which he was employed immediately before he ceased to be an eligible member of the Defence Force and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a member:
 (i) if, at the date that CSC is satisfied was the date on which he became so incapable, he was not employed in public employment—that date; or
 (ii) if, at that date, he was employed in public employment—the date on which that public employment terminates;
 (b) if, at the date of his death, he was employed in public employment or had completed 20 years' eligible employment—that date;
 (c) the date on which he attains the age that was the retiring age for the rank held by him immediately before he ceased to be an eligible member of the Defence Force or the date on which his total period of effective service amounts to 15 years, whichever is the later;
 (d) the date on which his total period of effective service amounts to 20 years; and
 (e) the date on which he attains the age of 60 years or, if he attained that age before he ceased to be an eligible member of the Defence Force, the date on which he ceased to be such a member.
 (3) For the purposes of subsection (2), the total period of effective service of a person shall be deemed to be the aggregate of:
 (a) his total period of effective service as