SUPERANNUATION LEGISLATION AMENDMENT ACT 1992 No. 187, 1992 - SECT 29 Physical or mental incapacity of person to whom Part applies before declaration of result of election etc.

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SUPERANNUATION LEGISLATION AMENDMENT ACT 1992 No. 187, 1992 - SECT 29

Physical or mental incapacity of person to whom Part applies before declaration of result of election etc.

29.(1) Section 122 of the Principal Act is amended:
(a) by omitting from paragraph (1)(a) "Commissioner" and substituting

"Board";
(b) by omitting from paragraph (2)(b) "Commissioner" and substituting

"Board";
(c) by omitting from subsection (4) "Commissioner" and substituting

"Board";
(d) by omitting from subsection (5) "Commissioner" and substituting

"Board";

   (e)  by adding at the end the following subsection:

"(6) For the purposes of this section, the Board may only be satisfied that a
person would, at a particular time, have ceased to be an eligible employee by
reason of retirement on the ground of invalidity if it appears to the Board
that the person, at that time, was totally and permanently incapacitated
within the meaning of Part IVA.".

(2) Despite the amendment of the Principal Act made by paragraph (1)(e),
section 122 of the Principal Act as in force immediately before the
commencement of this section continues to apply in respect of a person who
ceased to be an eligible employee before that commencement.

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