Document ID: chunk:federal_register_of_legislation:C1971A00046:body:0:p52
Version: federal_register_of_legislation:C1971A00046
Segment Type: other
Provision Reference: 
Character Range: 120514–123120

(ii) of paragraph (b) of sub-section (1.) of that section) is not employed in public employment at the expiration of the period that is the prescribed period in relation to him, then, unless—
     (a) the sum of the periods of eligible employment in which he has been employed and the period of public employment (if any) in which he was employed during that prescribed period was not less than twenty years;
     (b) he died or attained the age of sixty years within that prescribed period at a time when he was employed in public employment; or
     (c) the Board is satisfied that—
          (i) he ceased within that prescribed period, by reason of invalidity or physical or mental incapacity, to be employed in public employment; and
          (ii) that invalidity or incapacity rendered him incapable (otherwise than temporarily) of performing duties that are of a kind suitable to be performed by him having regard to the duties performed by him in employment in which

           he was employed immediately before he ceased to be a contributor to the Fund or to the Provident Account and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a contributor,
this Act has effect as if the election had not been made.
"(2.) Where—
     (a) a person who ceases to be a contributor to the Fund or to the Provident Account is, at the expiration of the period that is the prescribed period in relation to him, employed in public employment in respect of which a superannuation scheme (other than an eligible superannuation scheme) is applicable and is, at the expiration of that period, a member of that scheme;
     (b) the person has made an election under section one hundred and nineteen u of this Act; and
     (c) if a payment were made to him under section fifty-one or section eighty-five of this Act, he would, under the rules of the superannuation scheme applicable in respect of that employment, be entitled to pay the amount of the payment to the person administering that scheme in exchange for benefits under that scheme,
this Act has effect as if the election had not been made.

Contributor who resigned to contest an election.
"119z. Where a person who has made an election under section one hundred and nineteen u of this Act is, by virtue of section fifty-two or section eighty-eight of this Act, to be deemed not to have ceased to be a contributor to the Fund or to the Provident Account, as the case may be, this Act has effect as if the election had not been made.

Invalid pensioner restored to health.
"119za.—(1.) Where a deferred