Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 24

24. (1) Section 66 of the Principal Act is amended-

   (a)  by omitting from paragraph (1) (c) "sub-section 69 (2) and, where the
        person has paid supplementary contributions, an additional lump sum
        benefit in accordance with sub-section 69 (3)" and substituting "that
        section";

   (b)  by omitting from sub-paragraph (2) (d) (iii) "sub-section 72 (2), and,
        where the person has paid supplementary contributions, an additional
        lump sum benefit in accordance with sub-section 72 (3)" and
        substituting "that section"; and

   (c)  by omitting from paragraph (2) (e) "sub-section 73 (2) and, where the
        person has paid supplementary contributions, an additional lump sum
        benefit in accordance with sub-section 73 (3)" and substituting
        "section 73".

(2) Section 66 of the Principal Act is amended by inserting after sub-section
(2) the following sub-sections:

"(2A) Where the Commissioner is of the opinion that-

   (a)  a person will, in the near future, cease to be an eligible employee by
        reason of retirement on the ground of invalidity before attaining the
        person's maximum retiring age;

   (b)  there will be in force in respect of the person, immediately before
        the person's retirement, a benefit classification certificate; and

   (c)  the incapacity which will be the ground for the person's retirement
        was caused, or was substantially contributed to, by a physical or
        mental condition or conditions specified in the certificate or by a
        physical or mental condition or conditions connected with such a
        condition or such conditions; then-

   (d)  the Commissioner shall inform the person in writing that the
        Commissioner has formed the opinions referred to in paragraphs (a),
        (b) and (c); and

   (e)  where the person becomes a person referred to in paragraph (2) (a) and
        to whom paragraph (2) (b) applies, the Commissioner shall be taken to
        have formed the opinion referred to in paragraph (2) (c) in relation
        to that person immediately on the person becoming a person referred to
        in paragraph (2) (a) unless, whether before or after the person became
        a person so referred to, the Commissioner informed the person in
        writing that this sub-section is not to apply to the person.

"(2B) Where the Commissioner forms the opinion referred to in paragraph (2)
(c) in relation to a person on a date after the date on which the person
retired, any payment to that person before the first-mentioned date of benefit
or of pension purported to be made under sub-section (2) shall be deemed to
have been as valid as it would have been if the Commissioner had formed that
opinion immediately on the person's retirement.".