Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p9
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 19740–22514

service of the person shall be deemed to be eight years.

 "(6) Subject to sub-section (7), where—
    (a) by reason of the termination of the employment in which a person to whom this section applies was last employed before he became a member—
        (i) a transfer value became payable to or in respect of him under a superannuation scheme applicable in relation to that employment;
        (ii) a pension became payable to him under such a superannuation scheme; or

        (iii) deferred benefits became applicable in respect of him under such a superannuation scheme;
    (b) in the case of a person to whom sub-paragraph (i) of paragraph (a) applies—an amount equal to the amount of the transfer value referred to in that sub-paragraph has been paid to the Commonwealth in accordance with sub-section (1) of section 22q;
    (c) any of the following sub-paragraphs applies—
        (i) the person underwent a medical examination required under the rules of the superannuation scheme referred to in paragraph (a) for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being admitted as a participant in that scheme;
        (ii) the person was admitted as a participant in the superannuation scheme under provisions of the rules of that scheme corresponding to the provisions of this sub-section; or
        (iii) the person underwent a medical examination required by the person by whom he was employed in the employment referred to in paragraph (a) for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being employed in that employment; and
    (d) under the superannuation scheme referred to in paragraph (a)—
        (i) the benefits that would have been applicable in respect of the person if the termination of that employment had been caused by his ill-health would have been benefits by way of a pension;
        (ii) those benefits would have been the maximum benefits available under the scheme; and
        (iii) the applicability of those maximum benefits would not have been attributable to his having paid contributions at a higher rate than the ordinary rate of contributions,
the period of service of the person shall be deemed to be eight years.

"(7) Sub-section (6) does not apply in relation to a person if—
    (a) a period of more than three months elapsed between the termina­tion of the employment referred to in paragraph (a) of that sub-section and the date on which he became a member; or
    (b) in the case of a person referred to in sub-paragraph (i) or (ii) of paragraph (a) of that sub-section—the employment referred to in that paragraph terminated by reason of his ill-health.
"(8) In the application of this