Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p24
Version: federal_register_of_legislation:C2004A04478
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Character Range: 59974–62852

(e) by omitting subsection (3) and substituting the following subsection:

     "(3) A person is to be taken, for the purposes of this Division, to have been employed in public employment at a particular time if, and only if:

        (a)     the employer by whom the person was employed at that time was a person, or was included in a class of persons, specified in a declaration by the Board under subsection (1) that was, or is deemed to have been, in force at that time and, in the case of a declaration expressed to apply only in relation to the employment of a person included in a class of persons, the person was included in that class; or

        (b)     a declaration by the Board under subsection (1D) was, or is deemed to have been, in force at that time in relation to that person.".

Deferred benefits

  34. Section 136 of the Principal Act is amended:

    (a) by omitting paragraph (2)(b) and substituting the following paragraph:

      "(b) if:

             (i) a deferred benefit by way of additional age retirement pension is payable to the person in accordance with subsection 57(1); or

              (ii) a deferred benefit by way of additional early retirement pension is payable to the person in accordance with subsection 61(1);

         the annual rate of that pension is an amount per annum equal to:

             (iii) if an event mentioned in subsection 139AA(2) has not happened in relation to the person—the amount calculated in accordance with the formula:

             ; or

         (iv) if such an event has happened in relation to the person before the day on which the deferred benefit becomes payable, or happens on that day—the amount calculated in accordance with the formula:

  (b) by inserting after subsection (2B) the following subsections:

     "(2BA) In spite of subsection (2B), on each of the 7 pension paydays immediately following the death of a person in respect of whom an amount of benefit is calculated in accordance with paragraph (2B)(j), (k) or (m), pension mentioned in that paragraph is payable at the rate at which pension would have been payable to that person on that day if the person had not died.

     "(2BB) Where pension is payable as mentioned in subsection (2BA), section 96A applies as if the pension were payable in accordance with subsection 94(3), 95(2) or 96(3).".

Circumstances in which person entitled to deferred benefits

  35. Section 139 of the Principal Act is amended:

    (a)     by omitting from paragraph (2)(a) "Commissioner" (wherever occurring) and substituting "Board";

    (b)    by omitting from paragraph (3)(a) "Commissioner" and substituting "Board";

    (c)     by omitting subsection (5) and substituting the following subsection:

      "(5) Deferred benefits are not payable unless:

      (a) if paragraph (2)(a) applies:

             (i) an application in writing