Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 143

143. (1) Where a deferred benefit by way of a pension is payable to a person
by reason of the Commissioner being satisfied as to the matters referred to in
paragraph 139 (2) (a)-

   (a)  if the pension is suspended under sub-section 74 (3)-deferred benefits
        do not cease to be applicable in relation to him by reason only of the
        suspension of the pension and the suspension ceases to have effect if
        the deferred benefit becomes payable by virtue of paragraph 139 (2)
        (a) or 139 (2) (b); and

   (b)  sub-section 75 (2) does not apply in relation to the person but
        sub-section (2) of this section has effect in relation to him.

(2) Subject to sub-section (3), if the Commissioner is satisfied that the
health of the person has become so restored as to enable him to perform duties
of a kind that are, in the opinion of the Commissioner, suitable to be
performed by him (having regard to the duties performed by him 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 such an
employee and such other matters (if any) as the Commissioner considers
relevant), the Commissioner may cancel the person's entitlement to pension
but, upon the cancellation, the deferred benefits again become applicable in
respect of the person.

(3) The Commissioner shall not, under sub-section (2) of this section, cancel
a person's entitlement to pension at a time when pension would have become
payable, apart from the operation of paragraph 139 (2) (a).