Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 139

139. (1) Where a person makes an election under section 137 and-

   (a)  he becomes employed in public employment within the period that is the
        prescribed period in relation to him but a transfer value is not
        payable in respect of him under section 138; or

   (b)  he does not become employed in public employment within that period
        but at the time when he ceased to be an eligible employee he had
        completed 5 years' eligible employment, deferred benefits are, subject
        to this Division, applicable in respect of the person.

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

   (a)  where the Commissioner is satisfied that the person has, by reason of
        invalidity or of physical or mental incapacity, become incapable
        (otherwise than temporarily) of performing duties of a kind suitable
        to be performed by him (having regard to the duties performed by him
        in the employment in which he was employed immediately before he
        ceased to be an eligible employee, the duties performed by him in
        employment (if any) in which he was employed after he ceased to be an
        eligible employee and such other matters (if any) as the Commissioner
        considers relevant)-

        (i)    if, at the date that the Commissioner is satisfied was the date
               on which he became so incapable, he was not employed in public
               employment-that date; or

        (ii)   if, at that date, he was employed in public employment-the date
               on which that public employment terminates;

   (b)  if-

        (i)    at the date of his death he was employed in public employment
               or had completed 5 years' eligible employment; or

        (ii)   at that date he was over the age of 60 years and, at the date
               when he attained that age, he was employed in public
               employment,

the date of his death;

   (c)  if the person, by notice in writing given to the Commissioner, selects
        a date for the commencement of the payment of the deferred benefits,
        being a date not earlier than-

        (i)    the date on which he attains the age of 60 years; or

        (ii)   the date on which the notice is given-

the date so selected;

   (d)  the date on which the person attains the age of 65 years.

(3) Paragraph (2) (a) does not apply in relation to a person unless-

   (a)  at the date that the Commissioner is satisfied was the date on which
        he became incapable of performing the duties referred to in that
        paragraph, he was employed in public employment or had completed 5
        years' eligible employment; or

   (b)  at that date, he had attained the age of 60 years and, on the day when
        he attained that age, he was employed in public employment.

(4) For the purposes of sub-sections (2) and (3), a period of public
employment in which a person became employed after he ceased to be an eligible
employee shall be deemed to be a period of eligible employment of the person.

(5) Deferred benefits are not payable unless-

   (a)  an application in writing has been made to the Commissioner requesting
        payment of the benefits; and

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

(6) Subject to sub-section (7), where a person in relation to whom paragraph
(1) (a) applies and who, at the time when he ceased to be an eligible employee
had not completed 5 years' eligible employment ceases to be employed in public
employment before he attains the age of 60 years and the deferred benefits
applicable in respect of him have not become payable under sub-section (2)
then-

   (a)  if a deferred benefit by way of a pension has previously been paid to
        him by reason of paragraph (2) (a)-the deferred benefits that were
        applicable in respect of him cease to be so applicable; or

   (b)  in any other case-those deferred benefits cease to be applicable in
        respect of him but this Act has effect in relation to him as if the
        election by him under section 137 had not been made.

(7) Sub-section (6) does not apply in relation to a person if the sum of the
periods of eligible employment in which the person has been employed and the
period of the public employment in which he was employed after he ceased to be
an eligible employee as the case may be, is not less than 5 years.