Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 130

130. (1) Subject to sub-section (2), this section applies in relation to an
eligible employee if-

   (a)  by reason of the termination of the employment in which he was last
        employed before he became an eligible employee-

        (i)    a transfer value within the meaning of Division 2 of Part IX
               became payable to or in respect of him after 25 May 1971 under
               a superannuation scheme applicable in relation to that
               employment and an amount equal to that transfer value has been
               paid to the Commissioner in accordance with sub-section 128
               (1);

        (ii)   a pension that was based, or included an amount based, wholly
               upon contributions by his employer under a
               superannuation scheme applicable in relation to that employment
               or partly upon such contributions and partly upon contributions
               under the scheme by the person became payable to him; or

        (iii)  benefits whether by way of a lump sum or of a pension, that
               were payable at a future time and were based, or included an
               amount or amounts based, wholly upon contributions by his
               employer under a superannuation scheme applicable in relation
               to that employment or partly upon such contributions and partly
               upon contributions under the scheme by him became applicable in
               respect of him; and

   (b)  the eligible employee-

        (i)    underwent a medical examination required under the rules of the
               superannuation scheme referred to in paragraph (a) for the
               purpose of determining whether his health and physical fitness
               were of such a standard as would justify his being admitted as
               a member of that scheme;

        (ii)   underwent a medical examination required by the person by whom
               he was employed in the employment referred to in paragraph (a)
               for the purpose of determining whether his health and physical
               fitness were of such a standard as would justify his being
               employed in that employment; or

        (iii)  was admitted as a member of the superannuation scheme referred
               to in paragraph (a) under provisions of the rules of that
               scheme corresponding to the provisions of this section.

(2) This section does not apply in relation to an eligible employee if-

   (a)  a period of more than 3 months elapsed between the termination of the
        employment referred to in paragraph (1) (a) and the day on which he
        became an eligible employee; or

   (b)  in the case of a person to whom sub-paragraph (1) (a) (i) or (ii)
        applies-the employment referred to in that paragraph terminated by
        reason of his invalidity or his physical or mental incapacity to
        perform his duties.

(3) Where, under the superannuation scheme applicable in respect of the
employment in which an eligible employee in relation to whom this section
applies was last employed before he became an eligible employee-

   (a)  the benefits that would have been applicable in respect of him if the
        termination of that employment had been caused by his death, or had
        been caused by invalidity or physical or mental incapacity, would have
        been, or would have included, benefits by way of a pension;

   (b)  those benefits would have been the maximum benefits available under
        the scheme; and

   (c)  the applicability of those maximum benefits would not have been
        attributable to his having paid contributions at a higher rate than
        the ordinary rate of contributions, section 16 does not apply in
        relation to him.

(4) If the Commissioner is satisfied that, at the time when an eligible
employee in relation to whom this section applies commenced to be employed in
the employment in which he was last employed before he became an eligible
employee, his physical or mental condition was such that, if he had then
become an eligible employee, grounds would not have existed for the issue of a
benefit classification certificate in respect of him by the Commissioner, the
Commissioner may direct that section 16 does not apply in relation to him.

(5) If neither sub-section (3) nor sub-section (4) of this section is
applicable in respect of an eligible employee in relation to whom this section
applies, section 16 applies in relation to him, but, in the application of
that section in relation to him, regard shall not be had to any physical or
mental condition of the person that did not exist at the time when he
commenced to be employed in the employment in which he was last employed
before he became an eligible employee.