Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p44
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 101717–104226

any benefit that, but for this Division, would be payable to or in respect of the person under this Act by reason of his having ceased to be a contributor to the Fund or to the Provident Account.
"(3.) A transfer value payable in accordance with this Division to or in respect of a person is payable—
     (a) in the case of a person who was a contributor to the Fund—out of the Fund; and
     (b) in the case of a person who was a contributor to the Provident Account—out of the Provident Account.
"(4.) Where a transfer value becomes payable in accordance with this Division to or in respect of a person who has ceased to be a contributor to the Fund and to whom section thirty-five a of this Act applied, and—
     (a) at the time when he ceased to be a contributor to the Fund, he had not ceased to be a member as defined by sub-section (1.) of section four of the Defence Forces Retirement Benefits Act 1948–1971; or

     (b) at the time when the transfer value becomes payable, a transfer value also becomes payable in respect of him under Division 3 of Part VIc. of that Act,
then, any period during which his liability to make contributions to the Fund was deferred under section thirty-five a of this Act shall be disregarded in determining the first-mentioned transfer value and he is not required or permitted to pay the amount of the deferred contributions to the Fund.

Deferred benefits.
"119t.—(1.) The deferred benefits applicable under this Division in respect of a person who has ceased to be a contributor to the Fund or to the Provident Account shall, subject to this Division, be benefits of the same nature, and payable in the same circumstances, on the same conditions and, upon his death, to the same persons (if any), as the benefits that would have been payable to or in respect of the person under this Act if he had not ceased to be such a contributor and had not made the election by virtue of which the deferred benefits became applicable.
"(2.) Deferred benefits applicable in respect of a person are payable—
     (a) in the case of a person who was a contributor to the Fund—out of the Fund; and
     (b) in the case of a person who was a contributor to the Provident Account—out of the Provident Account.
"(3.) Subject to sub-sections (5.) and (6.) of this section, the amount of any pension or lump sum constituting or forming part of any deferred benefits shall be as determined by the Board.
"(4.) In furnishing advice to the Board in relation to the determination of the