Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 144

  (1)   Deferred benefits cease to be applicable in respect of a person:

  (a)   subject to subsection   143(2), upon the deferred benefits becoming payable; or

  (b)   upon the person again becoming an eligible employee before attaining the age of 65 years.

  (2)   Where:

  (a)   a deferred benefit by way of invalidity pension becomes payable to a person;

  (b)   his or her entitlement to the deferred benefit is cancelled under subsection   76(1) upon his or her again becoming an eligible employee or is cancelled under subsection   143(2) and he or she again becomes an eligible employee; and

  (c)   he or she again ceases to be an eligible employee before attaining his or her maximum retiring age by reason of death or retirement on the ground of invalidity;

the annual rate of any pension that becomes payable under this Act to or in respect of him or her upon or after his or her again ceasing to be an eligible employee as referred to in paragraph   (c) shall not be less than:

  (d)   in the case of pension payable to the person:

  (i)   the rate at which the deferred benefit referred to in paragraph   (a) would have been payable to him or her if it had not been cancelled; or

  (ii)   if a lesser rate is applicable in relation to him or her 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 or her if the deferred benefit referred to in paragraph   (a) had not been cancelled; or

  (ii)   if a lesser rate is applicable in relation to him or her under the regulations--that lesser rate.