Superannuation (Former Invalidity Pensioners) Regulations (Cth)

Statutory Rules

1979 No. 70

REGULATIONS UNDER THE SUPERANNUATION ACT 19761

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.

Dated this tenth day of May 1979.

ZELMAN COWEN Governor-General By His Excellency's Command,

ERIC L. ROBINSON Minister of State for Finance

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SUPERANNUATION (FORMER INVALIDITY PENSIONERS) REGULATIONS

1 Citation

These Regulations may be cited as the Superannuation (Former Invalidity Pensioners) Regulations.

2 Interpretation

In these Regulations, "the Act" means the Superannuation Act 1976.

3 Application

These Regulations have effect for the purposes of sub-sections 76 (2) and 144 (2) of the Act, as the case requires.

4 Minimum invalidity pension or spouse's pension

(1) Where– (a) upon or after a person's ceasing to be an eligible employee, he becomes entitled to invalidity pension or a deferred benefit by way of invalidity pension becomes payable to him; (b) that invalidity pension becomes payable to him in accordance with section 67, 68 or 70 of the Act, or the deferred benefit is by way of such invalidity pension; (c) his entitlement to that pension or to the deferred benefit is cancelled under sub‑section 76 (1) of the Act upon his again becoming an eligible employee, or his entitlement to the deferred benefit is cancelled under sub-section 143 (2) of the Act and he again becomes an eligible employee; (d) he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death or retirement on the ground of invalidity; (e) upon his so ceasing again to be an eligible employee he becomes entitled to invalidity pension by virtue of sub-section 66 (1) or (2) of the Act or spouse's pension becomes payable in respect of him by virtue of sub-section 81 (1) or (2) of the Act; and (f) the pension payable to or in respect of him upon or after his ceasing again to be an eligible employee as referred to in paragraph (d) is– (i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 67 of the Act or a deferred benefit by way of invalidity pension of that kind became payable-pension payable in accordance with section 68, 70, 71, 83, 85 or 86 of the Act; (ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 68 of the Act or a deferred benefit by way of invalidity pension of that kind became payable–pension payable in accordance with section 71 or 86 of the Act; and (iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 70 of the Act or a deferred benefit by way of invalidity pension of that kind became payable–pension payable in accordance with section 68, 71, 83 or 86 of the Act, then, the annual rate of pension so payable to or in respect of the person upon or after his again ceasing to be an eligible employee as referred to in paragraph (d) shall not be less than the rate of pension that is the prescribed rate of pension in relation to that person.