Omit from subsection (6) "Subject to subsection (7)", substitute "Subject to subsections (7), (9A), (9B) and (9C)"
112 Omit from subsection (6) "Subject to subsection (7)", substitute "Subject to subsections (7), (9A), (9B) and (9C)"
Omit subsection (10), substitute the following subsections:
"(9A) Where:
deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 68 or 71;
the person's entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and
the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person,
subsection (6) does not apply in relation to him.
"(9B) Subject to subsection (9C), where:
deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70;
the person's entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and
the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person,
subsection (6) does not apply in relation to him, but there shall be paid out of the Superannuation Fund to the Commonwealth an amount equal to the amount that was paid to the Fund under subsection 112 (9) in respect of the person upon his entitlement to deferred benefits being cancelled under subsection 143 (2), together with interest, calculated in accordance with subsection (9D), on that amount in respect of the period commencing on the day on which that amount was paid into the Fund under subsection 112 (9) and ending on:
the pension pay day next following the day on which the deferred benefits again become payable to or in respect of the person as referred to in paragraph (c); or
the second pension pay day after the day on which the Commissioner has determined the amount of any pension or lump sum benefit constituting or forming part of the deferred benefits again becoming payable to or in respect of the person as referred to in paragraph (c),
whichever is the later.
"(9C) Where:
deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70;
the person's entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and
the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit by way of a lump sum benefit equal to
his accumulated basic contributions becoming payable to or in respect of the person out of the Superannuation Fund,
subsection (6) does not apply in relation to him.
"(9D) The amount of interest payable by virtue of subsection (9B), in respect of an amount (referred to in this subsection as the relevant amount) paid to the Fund under subsection 112 (9) in respect of a person upon his entitlement to deferred benefits being cancelled under subsection 143 (2) shall be the amount of any interest that would be payable in respect of an equal amount referred to in subparagraph 145 (8) (a) (i) if the period in respect of which interest was payable in respect of that last-mentioned amount were the same period in respect of which interest is, by virtue of subsection (9B), payable in respect of the relevant amount.".
136 Add at the end of section 136 the following subsection:
"(7) Where deferred benefits again become payable to or in respect of a person to whom subsection (4) applies, the deferred benefits shall:
if the deferred benefits that ceased to be applicable in relation to the person as referred to in paragraph (4) (b) so ceased to be applicable upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 67 or 70 - consist only of such benefits referred to in subsection (1), or such parts of such benefits, as are based upon contributions by a person other than the first-mentioned person (but excluding contributions that are accumulated employer contributions
in respect of the first-mentioned person) and
benefits based upon the first-mentioned person's accumulated basic contributions; or
if the deferred benefits that ceased to be applicable in relation to the person as referred to in paragraph (4) (b) so ceased to be applicable upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 68 or 71 - consist only of such benefits referred to in subsection (1), or such parts of such benefits, as are based upon contributions by a person other than the first-mentioned person (but excluding contributions that are accumulated employer contributions in respect of the first-mentioned person.)".
Notes to the Superannuation (CSS) Deferred Benefits Regulations 1979
Note 1
The Superannuation (CSS) Deferred Benefits Regulations 1979 (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1979 No. 46 amended as indicated in the Tables below.
Table of Instruments
Year and
number Date of notification
in Gazette or FRLI registration Date of
commencement Application, saving or
transitional provisions
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.