Document ID: chunk:federal_register_of_legislation:C2024C00465:section:71:p3
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 71 (pt 3/4)
Character Range: 177270–179822

(d) before the expiration of a period of 90 days after the termination of that employment he became employed in other employment that was eligible employment and:
 (i) a lump sum of a kind referred to in paragraph (a) did not become payable to or in respect of him in relation to the first‑mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which such a lump sum would have become so payable;
 (ii) a pension of a kind referred to in paragraph (b) did not become payable to or in respect of him in relation to the first‑mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which such a pension would have become so payable; and
 (iii) benefits of a kind referred to in paragraph (c) did not become applicable in respect of him in relation to the first‑mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which any such benefits would have become so applicable.
 (4) Paragraph (1)(c) does not apply in relation to a period of employment of a person by reason of the operation of subparagraph (1)(c)(i) unless an amount equal to the lump sum referred to in that subparagraph, or an amount that included an amount based upon that lump sum, was paid to the Defence Forces Retirement Benefits Board in accordance with subsection 82R(1) of the previous Act or was paid to the Commonwealth under paragraph 69(1)(b) of this Act.
 (5) Paragraph (1)(d) does not apply in relation to a period of employment of a person unless:
 (a) an amount equal to the amount refunded to the person from a Fund referred to in that paragraph was, in accordance with Part VII or Part VIII of the superseded Superannuation Act, paid to the Superannuation Board established under that Act; and
 (b) a period of employment during which the person was a contributor to the Superannuation Fund established under that Act that immediately followed the period of the first‑mentioned employment was a period of eligible employment.
 (5A) Paragraph (1)(e) does not apply in relation to a period of employment of a person unless:
 (a) an amount equal to the amount refunded to the person from the State Superannuation Fund was, in accordance with section 132 of the Superannuation Act, paid to the Commissioner for Superannuation; and
 (b) the person became an eligible employee immediately after, or within a period of 3 months