Document ID: chunk:federal_register_of_legislation:C2022C00288:section:82u:p1
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 82U (pt 1/3)
Character Range: 147815–150446

82U  Eligible employment
 (1) For the purposes of the application of this Division in relation to a person who has ceased to be a member, the following periods of employment of the person are periods of eligible employment:
 (a) the period of employment during which the person was a contributor and which terminated at the time when he so ceased to be a member;
 (b) subject to subsections (2) and (3), a period of employment of the person by the Commonwealth, by the Northern Territory, by the Administration of a Territory (including the Northern Territory), by a body corporate established for a public purpose by a law of the Commonwealth or of a Territory or by a company that is established under the law of the Commonwealth or of a State or Territory and in which the Commonwealth has a controlling interest;
 (c) subject to subsection (4), a period of employment (whether within or outside Australia) of the person during which he was a member of a superannuation scheme under which, upon the termination of that employment:
 (i) a lump sum that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person was paid to or in respect of the person;
 (ii) a pension that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became payable to the person; or
 (iii) benefits, whether by way of a lump sum or of a pension, that were payable at a future time and were based, or included an amount or amounts based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became applicable in respect of the person; and
 (d) subject to subsection (5), a period of employment of the person during which he was a contributor to a State Fund within the meaning of Part VII of the Superannuation Act 1922‑1971 or a contributor to a Public Service Superannuation Fund within the meaning of Part VIII of that Act.
 (2) Paragraph (1)(b) does not apply in relation to a period of employment of a person that terminated before the commencement of this section unless, before the expiration of 3 months after the termination of that employment, the person became employed in other employment that is eligible employment.
 (3) Paragraph (1)(b) does not apply in relation to a period of employment of a person that terminated after the commencement of