Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 124

124. (1) Where a person to whom this Part applies is, by virtue of section 
121 , 122 or 123, deemed not to have ceased to be an eligible employee by
reason of the termination of his employment for the purpose referred to in
section 120-

   (a)  any benefit that became payable to him under this Act upon that
        termination shall be deemed not to have been payable and the amount of
        any benefit so paid to him shall be repaid by him to the Commissioner
        before the expiration of 2 months after the day of the declaration of
        the result of the election or within such further period as the
        Commissioner allows; and

   (b)  where his accumulated contributions have, under sub-section 112 (1),
        or his accumulated basic contributions have, under sub-section 112
        (4), been paid out of the Superannuation Fund into the Consolidated
        Revenue Fund, an amount equal to the amount of those contributions
        shall be paid out of the Consolidated Revenue Fund (which is
        appropriated accordingly) into the Superannuation Fund and, for the
        purposes of this Act, those accumulated contributions or those
        accumulated basic contributions shall be deemed not to have been so
        paid out of the Superannuation Fund into the Consolidated Revenue
        Fund.

(2) Where an amount repaid to the Commissioner under sub-section (1) is an
amount that has been paid out of the Consolidated Revenue Fund, the
Commissioner shall pay the amount so repaid to him into the Consolidated
Revenue Fund, and where an amount so repaid has been paid out of the
Superannuation Fund, the Commissioner shall pay the amount so repaid to him
into the Superannuation Fund.

(3) Where, by virtue of section 121, 122 or 123, a person to whom this Part
applies is deemed not to have ceased to be an eligible employee by reason of
the termination of his employment for the purpose referred to in section 120,
then, at any time after that termination that is relevant for the purposes of
the application of this Act in relation to him, he shall be deemed, for the
purposes of this Act, to have been in receipt of salary at an annual rate of
such amount as, in the opinion of the Commissioner, would have been his annual
rate of salary at that time if he had not so terminated his employment.