Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 78

78 .         Break-down pensioner to be deemed to be on leave

        (1)         Any pensioner who is in receipt of a pension under section 61 shall, for the purposes of this Act, be deemed to be on leave of absence without pay, and shall not be required to contribute in respect of the period of that leave; but, notwithstanding the fact that he is deemed to be on leave of absence, his office or position shall be held to be vacant and may be filled by the appointment thereto of some other person.

        (2)         In the event of the re-employment in the service of a person who has retired on a pension under section 61, the period during which he was retired shall not, for the purposes of this Act, be deemed to be a break in the continuity of his service.

        (3)         Any such pensioner shall submit himself for medical examination as and when required by the Board, and if he makes default in complying with such requirement the pension shall cease to be payable to him so long as he continues in default.

        (4)         Before any such pensioner shall leave this State, he shall submit to the Board a certificate from a duly qualified medical practitioner indicating the need of the pensioner to leave the State; and in any such case the continuance of the payment of pension to the pensioner shall be subject to the approval of the Board to the pensioner leaving this State being first obtained.

        (5)         If a person who has retired through invalidity as provided for in section 61, engages in employment, or in any occupation or business on his own account, the Board may, if it thinks fit, cancel the pension payable to such person or reduce the amount of such pension to any amount which in its opinion the circumstances of the case warrant.

        (6)         Where a pension is cancelled by the Board under this section, the pensioner shall be regarded as a contributor and notwithstanding the provisions of subsection (1) he shall be required to pay his contributions in accordance with section 47.

        [Section 78 8 amended by No. 55 of 1945 s.18; No. 65 of 1947 s.21.]



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