119NInterpretation

#### 119N Interpretation (1) For the purposes of this Division, the prescribed period, in relation to a person who has ceased to be a contributor to the Fund or to the Provident Account, is: (a) in the case of a person other than a person in relation to whom paragraph (b) applies—the period of three months immediately after he ceased to be such a contributor; or (b) in the case of a person who ceased to be such a contributor by reason of his having voluntarily terminated his employment or service in order to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 47C of the Public Service Act 1922‑1974 and was a candidate at the election: (i) if he is elected—the period commencing immediately after he ceased to be such a contributor and ending on the day on which he becomes such a member; or (ii) if he is not elected—the period of three months immediately after the day of the declaration of the result of the election. (2) Subject to subsection (3): (a) a period in respect of which a pension was payable to a person under this Act by reason of his invalidity or of his physical or mental incapacity to perform the duties of his employment and immediately before the commencement of which he was employed in public employment shall be treated for the purposes of this Division as if it had been a period in which he was employed in public employment; and (b) a period in respect of which a pension was payable to a person under a superannuation scheme applicable in respect of any employment of the person (other than the superannuation scheme constituted by the provisions of this Act relating to the Fund) by reason of his invalidity or of his physical or mental incapacity to perform the duties of that employment and immediately before the commencement of which he was employed in that employment shall be treated for the purposes of this Division as if it had been a period in which he was employed in that employment. (3) Where: (a) a pension is not payable to a person under this Act during a period by reason of section 55 or section 64A; and (b) that pension would, but for that section, have been payable to that person during that period by reason of his invalidity or of his physical or mental incapacity; that period shall be treated for the purposes of this Division as if it had been a period in which that pension was payable but, if the person was, immediately before the pension became payable, employed in public employment, shall not, in the calculation of the period during which he was employed in public employment, be treated, by reason of paragraph (a) of subsection (2), as if it had been a period during which he was employed in public employment. (4) Where a contributor to the Provident Account is allowed by the Board to contribute to the Fund under Part III, this Division has effect as if he had become employed in public employment on the date on which he became a contributor to the Fund under that Part.