Commonwealth Consolidated Regulations

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SUPERANNUATION (CSS) EXISTING INVALIDITY PENSIONERS REGULATIONS - SCHEDULE 2

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

(subregulation 4 (3))

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 subsection 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 subsection 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Omit `pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948 ', substitute `relevant pension'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 subsection 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which he or she was not required or permitted by virtue of subsection 100J (2), 107K (2), 110 (2) or 119K (2) of the superseded Act to contribute to the existing Fund in respect of units of pension);'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 subsection 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:

Column 1
Column 2
Column 3
Item No.
Number of section under Division 6
Number of section under Division 10
1
193
232
2
194
233
3
195
234

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
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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