DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 78 Circumstances in which person entitled to deferred benefits

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 78

  (1)   Where a person makes an election under section   76 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   77; or

  (b)   he does not become employed in public employment within that period but at the time when he ceased to be an eligible member of the Defence Force he had completed 20 years' eligible employment or had attained the age of 60 years;

deferred benefits are, subject to this Division, applicable in respect of the person.

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

  (a)   where CSC is satisfied that the person has, by reason of invalidity or of physical or mental incapacity, become incapable (otherwise than temporarily), at a time when he was employed in public employment or after he had completed 20 years' eligible employment, 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 member of the Defence Force and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a member:

  (i)   if, at the date that CSC 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, at the date of his death, he was employed in public employment or had completed 20 years' eligible employment--that date;

  (c)   the date on which he attains the age that was the retiring age for the rank held by him immediately before he ceased to be an eligible member of the Defence Force or the date on which his total period of effective service amounts to 15 years, whichever is the later;

  (d)   the date on which his total period of effective service amounts to 20 years; and

  (e)   the date on which he attains the age of 60 years or, if he attained that age before he ceased to be an eligible member of the Defence Force, the date on which he ceased to be such a member.

  (3)   For the purposes of subsection   (2), the total period of effective service of a person shall be deemed to be the aggregate of:

  (a)   his total period of effective service as defined in section   3;

  (b)   any period of public employment in which the person was employed after he ceased to be an eligible member of the Defence Force; and

  (c)   any period (not being a period of public employment referred to in paragraph   (b)) occurring after the person ceased or last ceased to be an eligible member of the Defence Force and after the person has completed 20 years' eligible employment.

  (4)   For the purposes of subsections   (2) and (3), a period of public employment in which a person became employed after he ceased to be an eligible member of the Defence Force 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 CSC requesting payment of the benefits; and

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

  (6)   Subject to subsections   (7) and (8), where a person in relation to whom paragraph   (1)(a) applies and who, at the time when he ceased to be an eligible member of the Defence Force, had not completed 20 years' eligible employment ceases to be employed in public employment and the deferred benefits applicable in respect of him have not become payable under subsection   (2), then, 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   76 had not been made.

  (7)   If a deferred benefit by way of a pension benefit has previously become payable to a person referred to in subsection   (6) by reason of paragraph   (2)(a), any amount that, but for this subsection, would be payable to the person by reason of subsection   (6) is payable only to the extent to which it exceeds the sum of the amounts previously paid to him.

  (8)   Subsection   (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 public employment in which he was employed after he ceased to be an eligible member of the Defence Force is not less than 20 years.