Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p15
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 34809–37667

an election under section 69 or 72 from making such an election and becoming entitled to invalidity benefit in accordance with whichever of those sections is applicable.".

Cancellation of invalidity pension where invalidity pensioner again becomes eligible employee, &c.
33. Section 76 of the Principal Act is amended—
     (a) by omitting from sub-section (2) "after he again ceases to be an eligible employee" and substituting "upon or after his again ceasing to be an eligible employee as referred to in paragraph (c)"; and
     (b) by omitting paragraphs (d) and (e) of sub-section (2) and substituting the following paragraphs:
      "(d) in the case of pension payable to the person—
             (i) the rate at which the invalidity pension referred to in paragraph (a) would have been payable to him if he had not again become an eligible employee; or
             (ii) if a lesser rate is applicable in relation to him under the regulations—that lesser rate; and
       (e) in the case of pension payable in respect of the person—
             (i) the rate at which that pension would have been payable in respect of him if he had not again become an eligible employee; or
             (ii) if a lesser rate is applicable in relation to him under the regulations—that lesser rate.

Partial invalidity pension where eligible employee's salary decreases for health reasons
34. Section 78 of the Principal Act is amended—
     (a) by inserting in sub-paragraph (ii) of paragraph (b) of sub-section (1) "or conditions" after "condition" (second occurring); and
     (b) by inserting in sub-paragraph (ii) of paragraph (b) of sub-section (2) "or conditions" after "condition" (second occurring).

Payment of accumulated contributions where no other benefit payable under Part
35. Section 80 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "sub-section (2)" and substituting "sub-sections (2) and (3)"; and

     (b) by omitting sub-section (2) and substituting the following sub-sections:

   "(2) Where—
        (a) a person ceases to be an eligible employee and, upon his so ceasing, invalidity pension becomes payable to him in accordance with section 67 or 70;
        (b) his entitlement to the pension is cancelled under sub-section 76 (1) upon his again becoming an eligible employee; and
        (c) the person again ceases to be an eligible employee, otherwise than by reason of death, but, upon so ceasing,
     does not become entitled to benefit under Division 1, 2 or 4 of this Part or under Division 3 of Part IX,
the person is entitled to a lump sum benefit equal to the sum of—
     (d) an amount equal to so much of his accumulated basic contributions as would be applicable in relation to him but for section 7a;
     (e) his accumulated supplementary contributions; and
     (f) where the amount that, under