Document ID: chunk:federal_register_of_legislation:F2011C00466:reg:141:p7
Version: federal_register_of_legislation:F2011C00466
Segment Type: reg
Provision Reference: reg 141 (pt 7/15)
Character Range: 43128–45711

137 (2), is taken to have given CSC a notice mentioned in subsection 137 (1).".

Schedule 11 Modifications — employees affected by privatisation, etc (delayed updated pension)
(subregulations 15 (1), 15A (4) and 15B (2))

1 New Division 3A of Part IX

 1.1 After section 144, insert:

            "Division 3A Preservation of rights as delayed updated pension

"144A Delayed updated pension

 "(1) The benefits applicable under this Division in respect of a former eligible employee are such benefits payable under this Act as the Commissioner considers to be benefits:
 (a) of the same nature; and
 (b) payable:
 (i) in the same circumstances and on the same conditions; and
 (ii) on the death of the person — to the same persons (if any);
as the benefits that would have been payable to or in respect of the former eligible employee under this Act if he or she had not ceased to be an eligible employee and had not made the request under subregulation 15 (3) of the FEE Regulations, or the election under paragraph 15A (3) (d) of those Regulations, or a request under paragraph 15B (4) (b) of those Regulations, by virtue of which this Division became applicable.

 "(2) Delayed updated pension is payable:
 (a) to a former eligible employee who has reached the age of 65; or
 (b) on request — to a former eligible employee on retirement if he or she is aged 55 or more; or
 (c) on request — to a former eligible employee on retirement on the grounds of invalidity; or
 (d) on request — to a spouse or child of a deceased former eligible employee, in accordance with Part VI.

 "(3) In paragraph (2) (c), grounds of invalidity means total and permanent incapacity within the meaning of Part IVA that, to the satisfaction of the Commissioner, is due to invalidity or mental or physical incapacity.

"144B Benefits — age 65 retirement

 "(1) A former eligible employee entitled to delayed updated pension who retires at or after the age of 65 is entitled to age retirement benefits in accordance with Division 1 of Part V:
 (a) that relate to the period of contributory service that ended on the day he or she ceased to be an eligible employee; and
 (b) subject to adjustment (if any) under section 144H — as if his or her final annual rate of salary on ceasing to be an eligible employee is the final annual rate of salary on retirement.

 "(2) For the purposes of subsection (1), the reference in paragraph 57 (1) (a) to 'his last day of service' is taken to be a reference to the former eligible employee's last day of employment.

"144C Benefits — early retirement

 "(1)