Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p21
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 49731–52192

in sub-section (2) "the person, or, if the person has died, to" after "paid to" (last occurring); and
     (d) by adding at the end thereof the following sub-sections:
     "(4) Where a person ceased to be an eligible employee on an occasion earlier than his first day of service and, upon his so ceasing, the person was not entitled to benefit under Division 1, 2 or 4 of Part V or under Division 3 of Part IX, any benefit or benefits paid to or in respect of him before he so ceased or last so ceased, or upon his so ceasing or last so ceasing, shall be excluded from consideration for the purposes of sub-section (2).
     "(5) Where a person ceased to be an eligible employee by reason of retirement on the ground of invalidity on an occasion earlier than his first day of service and, upon his so ceasing, invalidity benefit was paid to him in accordance with section 68, 69, 71, 72 or 73, any benefit or benefits paid to or in respect of him before he so ceased or last so ceased, or upon his so ceasing or last so ceasing, (other than any benefit or benefits, or a part of any benefit or benefits, that, by virtue of sub-section (7), is or are to be taken into account in relation to the person for the purposes of this sub-section) shall be excluded from consideration for the purposes of sub-section (2).
     "(6) Where a person became entitled to a deferred benefit by way of invalidity benefit in accordance with section 68, 69, 71, 72 or 73 on an occasion earlier than his first day of service, any benefit or benefits paid to or in respect of him before he became entitled to such a deferred benefit or last became entitled to such a deferred benefit, or upon his becoming entitled to such a deferred benefit or last becoming entitled to such a deferred benefit, (other than any benefit or benefits, or a part of any benefit or benefits, that, by virtue of sub-section (7), is or are to be taken into account in relation to the person for the purposes of this sub-section) shall be excluded from consideration for the purposes of sub-section (2).

      "(7) For the purposes of sub-sections (5) and (6)—
         (a) such part of any invalidity pension paid to a person in accordance with section 67 or 70 as would have been paid to him in accordance with section 68 or 71, as the case may be, if the person had made an election under sub-section 68(1) or 71(1), as the case may be;
         (b) such part of any deferred benefit paid to a person