22Provision where Commonwealth pension payable

22 Provision where Commonwealth pension payable

(1) Where any person to whom a pension would be payable under this Part but for the provisions of this section has become entitled to payment of any pension under the Commonwealth Act known as the Parliamentary Retiring Allowances Act 1948‑1965 or any amendment thereof or Act in substitution therefor, his right to payment of a pension under this Part shall be suspended while he is so entitled under the said Commonwealth Act:

Provided that, where he has received a pension or benefit under the said Commonwealth Act, the trustees may in their absolute discretion direct payment to that person of a pension of such amount as the trustees think fit but so that the total of both amounts so received shall not exceed the annual pension that would be payable under this Act but for the provisions of this section.

S. 22(2) inserted by No. 4/1996 s. 72(2).

(2) This section only applies to a person to whom a pension would be payable under this Part who has ceased or ceases to be a member on or before the commencement of section 73 of the Superannuation Acts (Amendment) Act 1996.

S. 23 amended by Nos 8118 s. 3, 110/1993 s. 107(1)(2), substituted by No. 4/1996 s. 73.