Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p3
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 5260–8046

who is, or becomes, an eligible employee in relation to that employment, continues after the person ceases to be an eligible employee.

  "(3) A person who:

    (a) is an eligible employee and on leave of absence without pay from particular employment; and

  (b) while on such leave engages in other employment;

is not, for the purposes of this section, because of engaging in that other employment, taken to be engaged in 2 different employments.

"(4) If, before the commencement of this section, a person made payments in respect of any employment that would have been contributions if subsection (1) had then been in force, that subsection is taken to have been in force in relation to that person at the time the payments were made or at such earlier time (not being a time earlier than the commencement of that employment) as the Commissioner may determine.

"(5) If, because of subsection (1), this Act has a separate operation in respect of a person in relation to any employment, the person may elect, by notice in writing to the Commissioner, that that subsection applies to him or her in respect of that employment before the commencement of this section and, where such an election is made, that subsection is taken to have been in force in relation to the person during the period of that employment.

"(6) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision in relation to a person in respect of whom this Act, because of subsection (1), has an operation in relation to any employment.".

Accumulated basic and supplementary contributions and Fund accumulated employer contributions—additional amounts

9. Section 7A of the Principal Act is amended by adding at the end of subsection (2) the following word and paragraph:

       "; and (f) there shall be added to the amount that, but for this subsection, would be the amount of the person's Fund accumulated employer contributions an amount equal to the amount that was the person's Fund accumulated employer contributions upon the person ceasing to be an eligible employee as referred to in paragraph (a), together with the amount of any interest that is payable in respect of the amount.".

Functions

  10. Section 27C of the Principal Act is amended:

  (a) by inserting after paragraph (1)(f) the following paragraph:

      "(fa) functions mentioned in section 122; and";

  (b) by inserting after paragraph (1)(h) the following paragraph:

      "(ha) functions mentioned in section 139; and";

  (c) by inserting after paragraph (1)(i) the following paragraph:

      "(ia) functions mentioned in section 141; and".

Eligible employee not to be retired on ground of invalidity without certificate