80Certain former contributing members not entitled to benefits under this Division

#### 80 Certain former contributing members not entitled to benefits under this Division (1) Where a person (other than a person who, at the time when he ceased to be an eligible member of the Defence Force, had completed 20 years’ eligible employment) who has made an election under section 76 is not employed in public employment at the expiration of the period that is the prescribed period in relation to him, then, unless: (a) 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 20 years; (b) he died or attained the age of 60 years within that prescribed period at a time when he was employed in public employment; (c) within that prescribed period he attained, at a time when he was employed in public employment, the age that was the retiring age for the rank held by him immediately before he ceased to be an eligible member of the Defence Force or, having attained that age, his total period of effective service, within the meaning of subsection 78(3), is not less than 15 years; (d) he attained the age of 60 years before he ceased to be an eligible member of the Defence Force; or (e) CSC is satisfied that: (i) he ceased within that prescribed period, by reason of invalidity or of physical or mental incapacity, to be employed in public employment; and (ii) 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 (if any) in which he was employed immediately before he ceased to be an eligible member of the Defence Force and the duties performed by him in employment in which he was employed after he ceased to be such a member; this Act has effect as if the election had not been made. (2) Where: (a) a person who ceases to be an eligible member of the Defence Force 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; (b) the person has made an election under section 76; and (c) if a payment of benefit were made to him under subsection 32(2) or section 56, he would, under the rules of the superannuation scheme applicable in respect of that employment, be entitled to pay the amount of the payment of benefit or a part of that amount to the person administering that scheme in exchange for benefits under that scheme, being benefits that CSC is satisfied are appropriate in the circumstances; this Act has effect as if the election had not been made.