101Power of Commission to reinstate lost rights

101 Power of Commission to reinstate lost rights

(1)  If the Commission is satisfied, after the inquiry, if any, that the Commission thinks fit, that –

(a) a person has, otherwise than through his or her own fault, lost or ceased to be entitled to a right, privilege or benefit under –

(i) these regulations; or

(ii) the Retirement Benefits Act 1982 or the Retirement Benefits Act 1993 ; or

(iii) the former regulations –

to which he or she was otherwise entitled or which he or she might have otherwise obtained; and

(b) it is equitable that he or she should be allowed to have the enjoyment of that right, privilege or benefit –

the Commission, with the approval of the Minister, may permit that person to exercise the right or grant to him or her the privilege or benefit.

(2)  The Commission may exercise its powers under subregulation (1) in relation to a right, privilege or benefit –

(a) in any circumstances that the Commission thinks fit; and

(b) even though the time prescribed for doing any act in respect of the right, privilege or benefit may have expired.

(3)  The Commission must not exercise its powers under subregulation (1)  –

(a) so as to allow a person, who, at the time when the Commission makes a determination under that subregulation, is not an employee, to become a contributor; or

(b) so as to allow a person who is no longer a contributor to effect a change in the date on which he or she became a contributor; or

(c) [Regulation 101 Subregulation (3) amended by S.R. 2022, No. 11, Applied:31 Mar 2022] so as to allow a person to utilise a percentage calculated, or factor determined, by the Actuary which is not the relevant percentage or factor in force at the time of the Minister's approval; or