Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p71
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 180467–183203

sub-section to be made by a person—
        (i) who did not become, upon retirement under section 76l, entitled to a pension under the Superannuation Act 1976; or
        (ii) who has made an election under that Act by virtue of which he has become entitled to receive, as a lump sum benefit, all the benefits which, but for the election, he would be entitled to under that Act in consequence of his retirement under section 76l; and
     (b) shall include provision for an election referred to in sub-section (2) to become void if the person who made the election subsequently makes an election under the Superannuation Act 1976 by virtue of which he becomes entitled to receive, as a lump sum benefit, all the benefits which, but for that last-mentioned election, he would be entitled to under that Act in consequence of his retirement under section 76l.
"(4) A payment of benefit, or by way of reimbursement of expenses, under regulations made in pursuance of this section is payable—
     (a) in the case of a payment of a pension benefit that is payable as if it were a pension benefit payable under the Superannuation Act 1976—out of the Consolidated Revenue Fund, in accordance with the appropriation of that Fund made by that Act for the payments of benefits under that Act, as if it were a payment of a pension benefit under that Act; or
     (b) in the case of a payment other than a payment to which paragraph (a) applies—out of moneys lawfully available for the purpose.
"(5) In sub-section (2), 'modification' includes the addition or omission of a provision or the substitution of a provision for another provision.

Special benefits available to retiring officers
"76r. (1) The Board may give notice in writing to a Senior Executive Service officer that if the officer retires from the Service within the period specified in the notice the officer will be entitled to a specified benefit in accordance with a determination under section 82d.

"(2) Where notice is given to an officer under sub-section (1)—
     (a) the officer may retire from the Service within the period specified in the notice notwithstanding that he is not entitled to retire from the Service under section 761; and
     (b) if the officer retires from the Service within the period specified in the notice—
        (i) the officer becomes entitled to the benefit specified in the notice; and
        (ii) the officer shall be deemed for all purposes to have been compulsorily retired from the Service.".

Interpretation
85. Section 76h of the Principal Act is amended by omitting the definition of "Appeal Tribunal "and substituting the following definition:
     "'Appeal Committee' means a Redeployment and Retirement Appeal Committee constituted