Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p17
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 41199–43867

Commissioner informed the person in writing that this sub-section is not to apply to the person.
"(2b) Where the Commissioner forms the opinion referred to in paragraph (2) (c) in relation to a person on a date after the date on which the person retired, any payment to that person before the first-mentioned date of benefit or of pension purported to be made under sub-section (2) shall be deemed to have been as valid as it would have been if the Commissioner had formed that opinion immediately on the person's retirement.".

Invalidity benefit where pension not reduced on medical grounds and election not made under section 68 or 69
25. Section 67 of the Principal Act is amended by omitting from sub-section (5) ", payable out of the Fund,".

Election where benefit not reduced on medical grounds
26. (1) Section 68 of the Principal Act is amended by omitting from sub-section (5) ", payable out of the Fund,".
(2) Section 68 of the Principal Act is amended—
     (a) by inserting in sub-section (1) ", or is about to become," after "becomes"; and
     (b) by inserting in sub-section (1) ", but not earlier than 3 months before he or she becomes," after "becoming".

Election where benefit not reduced on medical grounds and period of prospective service less than 8 years
27. (1) Section 69 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-section:
"(2) Where a person makes an election under sub-section (1), the lump sum benefit to which the person is entitled is an amount equal to whichever is the greater of—
     (a) the sum of—
         (i) 3½ times the amount of the person's accumulated basic contributions; and
         (ii) the amount of the person's accumulated supplementary contributions (if any); or
     (b) the sum of—
         (i) one-half of the amount that is the amount per annum of the person's final annual rate of salary; and
         (ii) the amount of the person's accumulated supplementary contributions (if any).".
(2) Section 69 of the Principal Act is amended—
     (a) by inserting in paragraph (1) (a) ", or is about to become," after "becomes";
     (b) by omitting from paragraph (1) (b) "is less than 8 years," and substituting ", at the time of his or her so becoming entitled to invalidity benefit is, or will be, less than 8 years,"; and
     (c) by inserting in sub-section (1) ", but not earlier than 3 months before he or she becomes," after "becoming".

Invalidity benefit where benefit reduced on medical grounds, period of contributory service not less than 8 years and election not made under section 71 or 72
28. Section 70 of the Principal Act is amended by