Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p36
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 91012–93634

"(3) Where, under subsection (1), deferred benefits are applicable in relation to a person, the person is not entitled to be paid benefits under this Act other than benefits under Part VI, subsection 110s (2) or section 111.

"(4) A determination of the Minister for the purposes of subsection (1) is a disallowable instrument.

Deferred benefits under this Part

"242d. (1) The deferred benefits applicable in respect of a person under section 242c are deferred benefits of the kind mentioned in subsection 136 (1) and, subject to section 242e, this Act (other than section 139 and subsection 141 (1)) applies in respect of those benefits as if they had become applicable in relation to the person under Division 3 of Part IX.

"(2) This Act in its application in respect of deferred benefits applicable in respect of a person under section 242c has effect as if the reference in subsections 143 (1) and (3) to paragraph 139 (2) (a) were a reference to paragraph 242e (1) (c).

Circumstances in which deferred benefits become payable

"242e. (1) Subject to subsection (2), deferred benefits that are applicable in respect of a person under section 242c become payable on the day immediately after the earliest of the following dates:

    (a) if the person, by notice in writing given to the Commissioner, selects a date for the commencement of the payment of the deferred benefits, being a date not earlier than:

         (i) the date on which the person attains the age that would have been the person's minimum retiring age for the purposes of this Act if the person had not ceased to be an eligible employee and had continued to occupy the position held by the person immediately before so ceasing; and

      (ii) the date on which the notice is given;

     the date so selected;

  (b)     the date on which the person attains the age of 65 years;

    (c)     the date the Commissioner is satisfied that the person has, by reason of invalidity or physical or mental incapacity, become totally and permanently incapacitated within the meaning of Part IVa;

  (d)     the date of the person's death.

"(2) If, on a date worked out under paragraph (1) (a) or (b), the person has not ceased to be employed by, or to be a member of the

staff of, the authority or body, that paragraph applies as if the date mentioned in the paragraph were the date on which the person so ceased to be employed by, or to be a member of the staff of, the authority or body, as the case may be.".

Election to join Superannuation (1990) Scheme

  64. Section 244 of the Principal Act is amended:

    (a)     by omitting from subsection