Document ID: chunk:federal_register_of_legislation:F2004C00091:body:0:p3
Version: federal_register_of_legislation:F2004C00091
Segment Type: other
Provision Reference: 
Character Range: 4878–7361

be deemed to have been liable on that day to make contributions to the existing Fund; and
 (b) where a person has paid an amount, or made a payment, on behalf of another person, the amount shall be deemed to have been paid or the payment made by that other person.

 (4) Where, at any time before the commencing day:
 (a) a person had ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties;
 (b) that person had, upon his ceasing to be such an employee, become entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948;
 (c) that person again became an employee for the purposes of the superseded Act; and
 (d) the pension referred to in paragraph (b) was cancelled under subsection 65 (3) of the superseded Act upon his again becoming such an employee,
      this Division applies to and in relation to that person as if he had not ceased during the period of his retirement to be:
 (e) an employee; and
 (f) a contributor to the existing Fund.

'194. (1) Subject to subsection (2), each of the following periods is a prescribed period of service in relation to a relevant person:
 (a) except where paragraph (b) applies — the period that commenced on the date of commencement of his contributions and ended on 30 June 1976 (which period shall be taken not to include:
 (i) those periods (if any) within that period during which he was not required or permitted by virtue of subsection 100J (2), 107K (2), 110 (2) or 119K (2) of the superseded Act to contribute to the existing Fund in respect of units of pension; and
 (ii) in the case of a person who immediately before the commencing day was a contributor to the Provident Account, those periods (if any) within that period when he was on leave of absence without pay otherwise than on the ground of illness and in respect of which paragraph 80 (5) (b) of the superseded Act applied to him);
 (b) where:
 (i) the person, being a person who immediately before the commencing day was, in pursuance of a decision of the former Board under section 79 of the superseded Act, liable to contribute to the existing Fund under Part III of that Act, did not make an election under subsection 79 (4) of the superseded Act as in force before 25 May 1971 or under paragraph 119J (1) (b) of the superseded Act; or
 (ii) if the person made such an election, the