Superannuation Act 1922

Where a person (other than a person who, at the time when he ceased to be a contributor to the Fund or to the Provident Account, had completed twenty years’ eligible employment) who has made an election under section 119U (not being an election that the person became entitled to make by reason of the operation of subparagraph (ii) of paragraph (b) of subsection (1) of that section) is not employed in public employment at the expiration of the period that is the prescribed period in relation to him, then, unless:

the sum of the periods of eligible employment in which he has been employed and the period of public employment (if any) in which he was employed during that prescribed period was not less than twenty years;

he died or attained the persons relevant retiring age within that prescribed period at a time when he was employed in public employment; or

the Board is satisfied that:

he ceased within that prescribed period, by reason of invalidity or physical or mental incapacity, to be employed in public employment; and

that invalidity or incapacity rendered him incapable (otherwise than temporarily) of performing duties that are of a kind suitable to be performed by him having regard to the duties performed by him in employment in which he was employed immediately before he ceased to be a contributor to the Fund or to the Provident Account and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a contributor;

Where:

a person who ceases to be a contributor to the Fund or to the Provident Account is, at the expiration of the period that is the prescribed period in relation to him, employed in public employment in respect of which a superannuation scheme (other than an eligible superannuation scheme) is applicable and is, at the expiration of that period, a member of that scheme;

the person has made an election under section 119U; and

if a payment were made to him under section 51 or section 85, he would, under the rules of the superannuation scheme applicable in respect of that employment, be entitled to pay the amount of the payment to the person administering that scheme in exchange for benefits under that scheme;

In this section, relevant retiring age has the same meaning as it has in section 119W.