Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:149:p3
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 149 (pt 3/18)
Character Range: 46759–49656

employee in subsection 3 (1);
                           (b) who has not after so ceasing again become an eligible employee; and
                           (c) who:
                              (i) immediately before the commencing day, was, or would, but for subsection 100J (2), 107K (2), 110 (2) or 119K (2) of the superseded Act, have been a contributor to the existing Fund under Part III of that Act; or
                              (ii) would, but for section 19A of the superseded Act, have become such a contributor on or after the commencing day;
                         relevant time, in relation to a prescribed person, means:
                           (a) if paragraph (b) or (c) does not apply in relation to him — 4 February 1976;
                           (b) if he became a contributor to the existing Fund under Part III of the superseded Act after the date referred to in paragraph (a), and paragraph (c) does not apply in relation to him — the date on which he became such a contributor; or
                           (c) if, after the date referred to in paragraph (a) and before the commencing day, the amount of his salary was reduced to an amount that was less than the amount of his salary on the date referred to in paragraph (a) or (b), whichever was the later:
                              (i) the date on which his salary was so reduced; or
                              (ii) if his salary was so reduced on more than one occasion — the date on which his salary was so reduced to its lower or lowest amount, as the case may be.
                         (2) In this Division:
                           (a) a reference to a unit of pension shall be read as including a reference to a fraction of a unit of pension but not as including a reference to a reserve unit of pension; and
                           (b) a reference to the number of units of pension for which a contributor was contributing or for which he was a contributor shall be read:
                              (i) as including a reference to any units of pension for which he had completed payment of contributions; and
                              (ii) as including a reference to any units of pension in respect of which the whole or a part of his contributions had been deferred by virtue of section 33 of the Superannuation Act 1963.
                         213.  (1) This section applies to a prescribed person who, after becoming an employee for the purposes of the superseded Act, or, where the prescribed person became such an employee on more than one occasion, after last becoming such an employee:
                           (a) made an election under section 69 of the superseded Act;
                           (b) by virtue of subsection 100J (2), 107K (2), 110 (2) or 119K (2) of the superseded Act was at any time not required or permitted to contribute to the existing Fund in