Document ID: chunk:federal_register_of_legislation:C2024C00825:section:119w:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 119W (pt 1/3)
Character Range: 391200–393782

119W  Circumstances in which person entitled to deferred benefits
 (1) Where a person makes an election under section 119U 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 119V; or
 (b) he does not become employed in public employment within that period but at the time when he ceased to be a contributor to the Fund or to the Provident Account he had completed twenty years' eligible employment;
deferred benefits are, subject to this Division, applicable in respect of the person.
 (2) Subject to section 119ZB, deferred benefits that are applicable in respect of a person become payable on the day immediately following the earliest of the following dates:
 (a) where the Board is satisfied that the person has, by reason of invalidity or of physical or mental incapacity, become incapable (otherwise than temporarily) 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 a contributor to the Fund or to the Provident Account and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a contributor:
 (i) if, at the date that the Board 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:
 (i) at the date of his death he was employed in public employment or had completed twenty years' eligible employment; or
 (ii) at that date he was over the person's relevant retiring age and, at the date when he attained that age, he was employed in public employment;
  the date of his death;
 (c) if the person, by notice in writing given to the Board, selects a date for the commencement of the payment of the deferred benefits, being a date not earlier than the date on which he attains the person's relevant retiring age or the date on which the notice is given—the date so selected; and
 (d) the date on which the person attains the age of sixty‑five years.
 (3) Paragraph (a) of subsection (2) does not apply in relation to a person unless:
 (a) at the date that the Board is satisfied was the date on which he became incapable of performing the duties referred to in that paragraph, he was employed in public employment or had completed twenty years' eligible employment; or
 (b)