Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPERANNUATION ACT 1976 - SECT 138

Circumstances in which person entitled to deferred benefits

  (1)   Subject to this Division, if a person makes an election under section   137, deferred benefits are applicable in respect of the person.

  (2)   Deferred benefits that are applicable in respect of a person become payable on the day immediately after the earliest of the following dates:

  (a)   if CSC is satisfied that the person has, because of invalidity or physical or mental incapacity, become totally and permanently incapacitated within the meaning of Part   IVA--the date that CSC considers to have been the date on which the person became so incapacitated;

  (b)   the date of the person's death;

  (c)   subject to subsection   (3), if the person, by written notice given to CSC, selects a date (not earlier than the date on which the notice is given) for the start of the payment of the deferred benefits--the date so selected;

  (d)   the 65th anniversary of the person's birth.

  (3)   Paragraph   (2)(c) does not apply unless the person will have, by the date selected, reached the age that would have been his or her minimum retiring age for the purposes of this Act if he or she had not ceased to be an eligible employee and had continued to occupy the position held by him or her immediately before so ceasing.

  (4)   Deferred benefits are not payable unless:

  (a)   a written application has been made to CSC requesting payment of the benefits; and

  (b)   the applicant has given CSC any information that is necessary to enable CSC to determine whether the benefits are payable.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback