Commonwealth Numbered Regulations

1988 No. 275 SUPERANNUATION (EXISTING INVALIDITY PENSIONERS) REGULATIONS - SCHEDULE 2

SCHEDULE 2
Subregulation 4 (3) ALTERATIONS OF THE PROVISIONS OF DIVISION 6 OF PART XII OF
THE ACT AS APPLYING TO CERTAIN PERSONS FOR THE PURPOSES OF THE MODIFICATION OF
THE ACT AS APPLYING TO AN EXISTING INVALIDITY PENSIONER REFERRED TO IN
SUBREGULATION 4 (2) BY THE
ADDITION OF THOSE PROVISIONS, AS SO ALTERED, AS DIVISION 10 OF PART XII
Heading to Division
Omit the heading, substitute the following heading:

"Division 10-Periods of service before previous entitlement day" Subsection
193 (1):
Omit from the definition of "previous employment" ", being an eligible
employee referred to in paragraph (a) of the definition of 'eligible employee'
in sub-section 3 (1), and who has not after so ceasing again become an
eligible employee," Paragraph 193 (2) (a):
Omit ", being an eligible employee referred to in paragraph (a) of the
definition of 'eligible employee' in sub-section 3 (1), and who has not after
so ceasing again become an eligible employee," Subsection 193 (4):
Omit "the commencing day", substitute "his or her previous entitlement day"
Paragraph 193 (4) (b):
Omit "pension under section 45 of the superseded Act or by virtue of
sub-section 8 (1) of the Superannuation Act 1948", substitute "relevant
pension" Subsection 194 (1):
Omit ", being an eligible employee referred to in paragraph (a) of the
definition of 'eligible employee' in sub-section 3 (1), and who has not after
so ceasing again become an eligible employee," Paragraph 194 (1) (a):
Omit all words after "ended on", substitute "the day immediately preceding his
or her previous entitlement day (which period shall be taken not to include
those periods (if any) within that period during which he or she was not
required or permitted by virtue of subsection 100J (2), 107K (2), 110 (2) or
119K (2) of the superseded Act to contribute to the existing Fund in respect
of units of pension);" Paragraph 194 (1) (b):
Omit "the commencing day", substitute "his or her previous entitlement day"
Omit "30 June 1976", substitute "the day before his or her previous
entitlement day" Paragraph 194 (1) (e):
Omit all words from and including "either-" to and including "or (ii)"
Paragraph 194 (1) (h):
Omit all words from and including "either-" to and including "or (ii)"
Subparagraph 194 (1) (m) (iv):
Omit the subparagraph, substitute the following subparagraph:

"(iv) did not, at any time after making that payment to the Board but before
the day immediately preceding his or her previous entitlement day, cease to be
such an employee;" Subparagraph 194 (1) (n) (iv):
Omit the subparagraph, substitute the following subparagraph:

"(iv) did not, at any time after making that payment to the Board but before
the day immediately preceding his or her previous entitlement day, cease to be
such an employee; and" Subparagraph 194 (1) (n) (v):
Omit all words from and including "either-" to and including "or (B)"
Subsection 195 (1):
Omit ", being an eligible employee referred to in paragraph (a) of the
definition of 'eligible employee' in sub-section 3 (1), and who has not after
so ceasing again become an eligible employee," Subparagraph 195 (1) (a):
Omit the paragraph, substitute the following paragraph:

"(a) the period that is the aggregate of the periods in relation to that
person referred to in paragraphs (a) and (b) respectively of the definition of
'period of contributory service' in subsection 3 (1);" Subparagraph 195 (2)
(a) (i):
Omit "the commencing day", substitute "his or her previous entitlement day"
Further alterations
1. A section in Division 6 of Part XII of the Act in its application to
certain persons, being a section numbered as specified in Column 2 of an item
in the following table, shall, for the purposes of the modification of the Act
by the addition of Division 10 of Part XII in accordance with this Schedule,
bear in that Division 10 the section number specified in Column 3 of that
item:
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-- Column 1                  Column 2                  Column 3

Item No.                  Number of section

                          under Division 6          Number of section

under Division 10
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-- 1                         193                       232

2                         194                       233

3                         195                       234

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-- 2. A reference in a provision of Division 6 of Part XII of the Act in its
application to certain persons, being a provision specified in Column 2 of an
item in the following table, to a provision specified in Column 3 of that item
shall be read, for the purposes of the modification of the Act by the addition
of Division 10 of Part XII in accordance with this Schedule, as a reference to
the provision specified in Column 4 of that item:
------------------------------------------------------------------------------
-- Column 1   Column 2              Column 3              Column 4

Item No.   Provision in

Division 6 where
           specified             Provision of

Division 6
                                 specified             Reading of

provision under
Division 10
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-- 1          paragraph 195 (1) (b) section 194           section 233

2          paragraph 195 (2) (e) paragraph 194 (1) (m)

                                 or (n)                paragraph 233 (1) (m)

or (n)
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