Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 141

141. (1) Where a person (other than a person who, at the time when he ceased
to be an eligible employee had completed 5 years' eligible employment) who has
made an election under section 137 is not employed in public employment at the
expiration of the period that is the prescribed period in relation to him
then, unless-

   (a)  the sum of the periods of eligible employment in which he has been
        employed and the period of public employment (if any) in which he was
        employed during that prescribed period was not less than 5 years;

   (b)  he died or attained the age of 60 years within that prescribed period
        at a time when he was employed in public employment; or

   (c)  the Commissioner is satisfied that-

        (i)    he ceased within that prescribed period, by reason of
               invalidity or physical or mental incapacity, to be employed in
               public employment; and

        (ii)   that invalidity or incapacity rendered him incapable (otherwise
               than temporarily) of performing duties that are in the opinion
               of the Commissioner of a kind suitable to be performed by him
               (having regard to the duties performed by him in 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), this Act has effect as if the
               election had not been made.

(2) Where-

   (a)  a person who ceases to be an eligible employee is, at the expiration
        of the period that is the prescribed period in relation to him,
        employed in public employment in respect of which a
        superannuation scheme (other than an eligible superannuation scheme)
        is applicable and is, at the expiration of that period, a member of
        that scheme;

   (b)  the person has made an election under section 137; and

   (c)  if lump sum benefit was paid to him under section 80, he would, under
        the rules of the superannuation scheme applicable in respect of that
        employment, be entitled to pay an amount equal to the lump sum benefit
        to the person administering that scheme in exchange for benefits under
        that scheme, this Act has effect as if the election had not been made.