69Re‑engagement etc. of pensioners

#### 69 Re‑engagement etc. of pensioners (1A) Where: (a) a pensioner, other than a pensioner under section 55 or 57, again becomes a member; (b) he is not a person to whom Part VIB applies; and (c) his pension is not suspended under section 53A or 53B; so much of his pension as is equivalent to the amount that, but for this subsection, would be payable by the Commonwealth to the Fund in respect of the pension is, by force of this subsection, cancelled until he ceases to be a member or becomes a person to whom Part VIB applies, whichever first occurs. (1B) A pensioner who has commuted a portion of his pension under section 74 shall pay to the Fund in respect of any period during which a part of his pension is cancelled under subsection (1A) an amount equal to the amount which, if he had not commuted that portion of the pension and that part of the pension had not been so cancelled, would have been payable by the Commonwealth to the Fund during that period in respect of that portion of the pension so commuted, and, upon payment of that amount to the Fund, there shall be paid from the Fund to the Commonwealth an amount equal to that amount. (2) In the application of section 57 to the widow of a pensioner, any cancellation of a part of his pension under subsection (1A) of this section shall be disregarded. (3) Where a pensioner (including a pensioner whose pension has been suspended under section 53A or 53B) becomes a person to whom Part VIB applies, his pension is, by force of this subsection, cancelled. (3A) A pensioner who has commuted a portion of his pension under section 74 and whose pension is cancelled by force of subsection (3) shall pay to the Fund, in respect of the period during which he is a person to whom Part VIB applies, an amount equal to the difference between the amount that would have been payable to him as pension during that period if his pension had not been so cancelled and he had not become entitled to any increase in the rate of his pension before or during that period, and the amount that would have been so payable to him as pension during that period if he had not commuted that portion of his pension, and, upon payment of that amount to the Fund, there shall be paid from the Fund to the Commonwealth an amount equal to the amount that, if he had not commuted that portion of his pension and his pension had not been so cancelled, would have been payable by the Commonwealth to the Fund during that period in respect of that portion of his pension. (4) Where a person in receipt of a pension under section 55 or 57 is a contributor under this Act, she is, on retirement on pension, entitled to receive: (a) the proportions of both pensions that are based upon the contributions paid by her and by her husband; and (b) the proportion payable by the Commonwealth: (i) of whichever of the pensions secures to her the greater payment from the Commonwealth; or (ii) if the payments from the Commonwealth are equal—of one only of those pensions. (5) Where a person in receipt of a pension under section 55 or 57 is a contributor under the provisions of the Superannuation Act 1922‑1959, she is, on retirement on pension under that Act, entitled to receive, in addition to that last‑mentioned pension: (a) the proportion of the pension under section 55 or 57 of this Act that is based upon the contributions paid by her husband; and (b) the amount (if any) by which the proportion of the pension payable by the Commonwealth under this Act exceeds the proportion of the pension payable by the Commonwealth under the Superannuation Act 1922‑1959. (7) A person who is a pensioner (other than a pensioner under section 55 or 57) commits an offence if: (a) the person again becomes a member for the purposes of this Act; and (b) the person does not, within 14 days after again becoming such a member, notify the board in the prescribed manner. Penalty: 1 penalty unit. (8) Where, by reason of the failure of a pensioner to notify the Board as required by subsection (7), the Board has paid to a pensioner an amount which, under the provisions of this section, should not have been paid, the Board may: (a) deduct the amount so paid from future payments of pension by such instalments as the Board thinks fit; or (b) recover the amount so paid by action in a court having civil jurisdiction to the extent of that amount. (9) Where, by reason of the operation of subsection (1A), a payment of pension is reduced, no amount is payable by the Commonwealth to the Fund in respect of that payment of pension. (10) In subsections (4) and (5), a reference to a pension does not include a reference to a pension payable in respect of a child. (11) Subsection (1A) of this section does not apply to a pensioner who again becomes a member on or after 1 October 1972, subsection (5) of this section does not apply to a person whose retirement on pension under the Superannuation Act 1922‑1959, or that Act as amended and in force from time to time, occurred on or after 1 October 1972, and subsection (7) of this section does not apply to a pensioner who again becomes a member on or after that date.