35Retirement or death after return from leave of absence

35 Retirement or death after return from leave of absence S. 35(1) substituted by No. 40/2010 s. 76(1). (1) This section applies to a revised scheme member who on or after the commencement of section 76 of the **Superannuation Legislation Amendment Act 2010**— (a) returns to duty after being on leave of absence without pay; and (b) retires on the ground of disability or dies. S. 35(1A) inserted by No. 40/2010 s. 76(1). (1A) The revised scheme member is entitled to benefits in accordance with this Act. S. 35(2) amended by No. 40/2010 s. 76(2). (2) If the revised scheme member made or was taken to have made an election under section 49(1)(a) the benefits payable are those appropriate to service benefits. S. 35(3) amended by No. 40/2010 s. 76(2). (3) If the revised scheme member made an election under section 49(1)(b) the benefits payable in respect of any increase in salary immediately on resuming duty are those appropriate to service benefits. S. 35(4) repealed by No. 40/2010 s. 76(3). S. 35A inserted by No. 40/2010 s. 77.