Document ID: chunk:federal_register_of_legislation:F2004C00104:body:0:p3
Version: federal_register_of_legislation:F2004C00104
Segment Type: other
Provision Reference: 
Character Range: 4996–7933

this section, payment of the benefits referred to in the notice is deferred until:
 (a) the transferee gives notice to the Commissioner requesting payment of those benefits; or
 (b) the transferee attains age 65;
  whichever first occurs.

65C Rates of pension after deferral of payment

 (1) For the purposes of calculating the rate or amount of a benefit that has become payable on the occurrence of a circumstance specified in subsection 65B (2):
 (a) the transferee's age on the date to which payment of benefits is deferred under that subsection is to be taken to be the transferee's age on his or her last day of service; and
 (b) the transferee's period of contributory service at the date of ceasing to be an eligible employee is the transferee's period of contributory service; and
 (c) the amount calculated in accordance with subsection (2) is to be taken to be the transferee's final annual rate of salary.

 (2) The amount referred to in paragraph (1) (c) is an amount equal to the amount per annum that the Commissioner, having regard to:
 (a) any changes in the rates of remuneration that have occurred since the transferee ceased to be an eligible employee; and
 (b) any other matters that the Commissioner considers relevant;
  determines would have been the final annual rate of salary of the transferee if the transferee:
 (c) had not ceased to be an eligible employee; and
 (d) had continued to occupy the position held immediately before so ceasing.'.

8 Part VI, Division 5:

 After section 110, insert:

       '110AA Application of Part in relation to deferred benefits — transferees

  In the application of this Part in relation to benefits deferred under Division 3A of Part V, those benefits are to be taken to have become payable on the day immediately preceding the day on which the transferee to whom those benefits relate died.'.

9 Paragraph 139 (1) (b):

 Omit 'eligible employment,', substitute 'eligible employment or, in the case of a transferee, one year's eligible employment,'.

Notes to the Superannuation (Former HLIC Employees) Regulations

Note 1

The Superannuation (Former HLIC Employees) Regulations (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1991 No. 22 amended as indicated in the Tables below.

Table of Statutory Rules
Year and      Date of notification   Date of       Application, saving or
number        in Gazette             commencement  transitional provisions
1991 No. 22   28 Feb 1991            28 Feb 1991
1993 No. 350  17 Dec 1993            17 Dec 1993   —

Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected                                                                                   How affected
Schedule.............                                                                                am. 1993 No. 350