51Employee restored to health may be recalled to service

#### 51 Employee restored to health may be recalled to service 51 Employee restored to health may be recalled to service > > (1) If, in the opinion of STC, the health of any pensioner retired as aforesaid has become so restored as to enable the pensioner to perform duties which, having regard to the duties performed by the pensioner immediately prior to the pensioner’s retirement, are in the opinion of STC suitable to be performed by such pensioner, STC may communicate with the employer from whose service the pensioner was retired, or any other employer under this Act, and, if suitable employment be found for such pensioner, at a salary not less than two-thirds of the salary of a person who is employed in a position which is, in the opinion of STC, a corresponding position to that in which the pensioner was employed immediately before the pensioner’s retirement, or at such salary as may be agreed upon between the pensioner and the pensioner’s employer, may cancel the pension; thereupon the pension shall cease to be payable. > > > (2) In the event of the subsequent retirement on grounds of invalidity or physical or mental incapacity to perform the person’s duties or of the death of a person who has been recalled to the service in accordance with subsection (1)— > > > > > (a) pension shall, where such retirement or death occurred five years or more after the recall of such person, be paid as provided in this Act but such pension shall not be less than the amount of pension at which the person was previously retired, > > > > > (b) pension shall not, where such retirement or death occurred less than five years after the recall of such person, be paid in respect of the number of units of pension in excess of the number for which the person was contributing at the time when the person was previously retired but in such case pension shall not be less than the amount of pension at which the person was previously retired and a lump sum, equal to the contribution paid by the person in respect of the number of units of pension in excess of the number in respect of which pension is payable as aforesaid, shall be payable. > > > (3) Notwithstanding anything in this Act, but except as prescribed— > > > > > (a) where a person is retired under section 22 within five years of again becoming a contributor following a previous retirement under that section, then, as on and from the date (being not earlier than the commencement of this subsection) on which pension thereafter first becomes payable to the person, the rate at which it is payable shall be that at which it would have been payable to the person had the person continued in the person’s last retirement (disregarding any retirement of that person to which subsection (2) (b) applied) instead of again becoming a contributor and had the provisions referred to in the definition of suspended part of a pension in section 61B (1) not been enacted, and > > > > > (b) where a contributor dies within five years of having again become a contributor following a previous retirement under section 22, then, as on and from the date (being not earlier than the commencement of this subsection) on which pension thereafter first becomes payable to the contributor’s spouse or de facto partner, the rate at which it is payable shall be that at which it would have been payable to the contributor’s spouse or de facto partner had the contributor— > > > > > > > (i) where the contributor has been retired under section 22 once only—continued in that retirement instead of the contributor’s again becoming a contributor, or > > > > > > > (ii) where the contributor has been so retired more than once—continued in the contributor’s last retirement (disregarding any retirement of the contributor’s to which subsection (2) (b) applied) instead of again becoming a contributor, > > > > > > and had the provisions referred to in the definition of suspended part of a pension in section 61B (1) not been enacted. > > > (4) Without affecting the operation of subsection (3), Part 2 of the [Superannuation (Amendment) Act 1974](/view/pdf/asmade/act-1974-44), does not apply to a pension referred to in subsection (3). > > **s 51:** Am 1948 No 9, sec 4 (1) (o); 1960 No 36, sec 8 (1) (m); 1974 No 104, sec 3 (e); 1977 No 137, Sch 1 (17); 1980 No 50, Sch 6 (4); 1993 No 111, Sch 6 (48) (am 1994 No 32, Sch 2); 1996 No 39, Sch 4.