60Recall to service of pensioner restored to health

60 Recall to service of pensioner restored to health

(1) If, in the opinion of the Commissioner, the health of a pensioner to whom a pension under regulation 34 is being paid has become so restored as to enable him to perform duties which, in the opinion of the Commissioner, are suitable to be performed by the pensioner, having regard to the duties performed by him immediately before his retirement, the Commissioner shall so inform such person or authority as the Commissioner considers appropriate with a view to suitable employment being found for the pensioner. (2) If suitable employment is offered to a pensioner to whom subregulation (1) applies, at a salary not less than two‑thirds of the salary payable, on the date on which the suitable employment is offered to him, in respect of the position, or a comparable position to that, the duties of which he performed immediately before his retirement or at such salary as is agreed upon between him and the person or authority referred to in subregulation (1), the Commissioner may cancel the pension and thereupon it shall cease to be payable. (3) In the event of the recurrence of his infirmity, a contributor who has been re‑employed by Australia or an approved authority shall be entitled to pension at a rate not less than the amount of the pension on which he was first retired. (4) If, in the opinion of the Commissioner, the health of a pensioner to whom a pension under regulation 34 is being paid has become so restored as to enable him to perform duties which, in the opinion of the Commissioner, are suitable to be performed by the pensioner, having regard to the duties performed by him immediately before his retirement, and suitable permanent employment under Australia or an approved authority cannot be offered to him, but the pensioner is engaged in temporary employment under Australia, or in other employment (whether as an employee or on his own account), at a remuneration not less than two‑thirds of the salary payable, on or at any time after the date on which he became so engaged, in respect of the position, or a comparable position to that, the duties of which he performed immediately before his retirement, the Commissioner may suspend the pension, and thereupon it shall cease to be payable so long as he continues in such employment. (5) In the event of the recurrence of the infirmity of the pensioner, or in the event of his ceasing to be so engaged in temporary employment under Australia, or in other employment (whether as an employee or on his own account), he shall, from the date of the recurrence or cessation of such employment, be entitled to pension at a rate not less than that on which he was retired. (6) In this regulation approved authority means an approved authority within the meaning of the Superannuation Act 1976.