Document ID: chunk:federal_register_of_legislation:C2022C00288:section:82zd:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 82ZD (pt 1/2)
Character Range: 172625–175141

82ZD  Certain former contributors not entitled to benefits under this Division
 (1) Where a person (other than a person who, at the time when he ceased to be a member, had completed 20 years' eligible employment) who has made an election under section 82Z is not employed in public employment at the expiration of the period that is the prescribed period in relation to him, then, unless:
 (a) the sum of the periods of eligible employment in which he has been employed and the period of public employment (if any) in which he was employed during that prescribed period was not less than 20 years;
 (b) he died or attained the age of 60 years within that prescribed period at a time when he was employed in public employment;
 (c) if he was an officer immediately before he ceased to be a member—within that prescribed period he attained, at a time when he was employed in public employment, the age that was the retiring age for the rank held by him immediately before he ceased to be a member or, having attained that age, he completed 15 years' service for pension within the meaning of subsection 82ZB(3);
 (d) he attained the age of 60 years before he ceased to be a member; or
 (e) the Board is satisfied that:
 (i) he ceased within that prescribed period, by reason of invalidity or physical or mental incapacity, to be employed in public employment; and
 (ii) that invalidity or incapacity rendered him incapable (otherwise than temporarily) of performing duties that are of a kind suitable to be performed by him having regard to the duties performed by him in employment (if any) in which he was employed immediately before he ceased to be a member and the duties performed by him in employment in which he was employed after he ceased to be a member;
this Act has effect as if the election had not been made.
 (2) Where:
 (a) a person who ceases to be a member is, at the expiration of the period that is the prescribed period in relation to him, employed in public employment in respect of which a superannuation scheme (other than an eligible superannuation scheme) is applicable and is, at the expiration of that period, a member of that scheme;
 (b) the person has made an election under section 82Z; and
 (c) if a payment were made to him under section 40, 42, 42A, 43, 52, 56, 56A, 60 or 82G, he would, under the rules of the superannuation scheme applicable in respect of that employment, be entitled to pay the amount of the payment or a part of that amount to the person administering that scheme