Document ID: chunk:federal_register_of_legislation:C2024C00825:section:119za
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 119ZA
Character Range: 412356–413964

119ZA  Invalid pensioner restored to health
 (1) Where a deferred benefit by way of a pension is payable to a person by reason that the Board is satisfied as to the matters referred to in paragraph (a) of subsection (2) of section 119W:
 (a) if the pension is suspended under section 119WA—deferred benefits are not applicable in relation to the person during the period of the suspension of the pension;
 (aa) if the person's entitlement to the pension is cancelled under section 119WB—deferred benefits again become applicable in relation to the person; and
 (b) subsection (2) of this section has effect in relation to him.
 (2) If the Board is satisfied that the health of the person has become so restored as to enable him to perform duties of a kind suitable to be performed by him, having regard to the duties performed by him immediately before he ceased to be a contributor to the Fund and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a contributor, the Board may cancel his pension but the deferred benefit does not cease to be applicable in relation to him by reason only of the cancellation of the pension.
 (3) The pension payable to a person shall not be cancelled under subsection (2) if:
 (a) in the case of a person who is not a contributor for a unit or units of pension based upon a retiring age of sixty‑five years and is not a contributor in relation to whom any non‑contributory units are applicable—the person has attained the age of sixty years; or
 (b) in any other case—the person has attained the age of sixty‑five years.