119WCircumstances in which person entitled to deferred benefits

#### 119W Circumstances in which person entitled to deferred benefits (1) Where a person makes an election under section 119U and: (a) he becomes employed in public employment within the period that is the prescribed period in relation to him but a transfer value is not payable in respect of him under section 119V; or (b) he does not become employed in public employment within that period but at the time when he ceased to be a contributor to the Fund or to the Provident Account he had completed twenty years’ eligible employment; deferred benefits are, subject to this Division, applicable in respect of the person. (2) Subject to section 119ZB, deferred benefits that are applicable in respect of a person become payable on the day immediately following the earliest of the following dates: (a) where the Board is satisfied that the person has, by reason of invalidity or of physical or mental incapacity, become incapable (otherwise than temporarily) of performing duties of a kind suitable to be performed by him having regard to the duties performed by him in the employment in which he was employed immediately before he ceased to be a contributor to the Fund or to the Provident Account and the duties performed by him in employment (if any) in which he was employed after he ceased to be such a contributor: (i) if, at the date that the Board is satisfied was the date on which he became so incapable, he was not employed in public employment—that date; or (ii) if, at that date, he was employed in public employment—the date on which that public employment terminates; (b) if: (i) at the date of his death he was employed in public employment or had completed twenty years’ eligible employment; or (ii) at that date he was over the person’s relevant retiring age and, at the date when he attained that age, he was employed in public employment; the date of his death; (c) if the person, by notice in writing given to the Board, selects a date for the commencement of the payment of the deferred benefits, being a date not earlier than the date on which he attains the person’s relevant retiring age or the date on which the notice is given—the date so selected; and (d) the date on which the person attains the age of sixty‑five years. (3) Paragraph (a) of subsection (2) does not apply in relation to a person unless: (a) at the date that the Board is satisfied was the date on which he became incapable of performing the duties referred to in that paragraph, he was employed in public employment or had completed twenty years’ eligible employment; or (b) at that date he was over the person’s relevant retiring age and, at the date when he attained that age, he was employed in public employment. (4) For the purposes of subsections (2) and (3), a period of public employment in which a person became employed after he ceased to be a contributor to the Fund or to the Provident Account shall be deemed to be a period of eligible employment of the person. (5) Deferred benefits are not payable unless: (a) an application in writing has been made to the Board requesting payment of the benefits; and (b) the applicant has furnished to the Board any information that is necessary to enable the Board to determine whether the benefits are payable. (6) Subject to subsections (7) and (8), where a person in relation to whom paragraph (a) of subsection (1) applies and who, at the time when he ceased to be a contributor to the Fund or to the Provident Account, had not completed twenty years’ eligible employment ceases to be employed in public employment before he attains the person’s relevant retiring age and the deferred benefits applicable in respect of him have not become payable under subsection (2), then: (a) if a deferred benefit by way of a pension has previously been paid to him by reason of paragraph (a) of subsection (2)—the deferred benefits that were applicable in respect of him cease to be so applicable; or (b) in any other case—those deferred benefits cease to be applicable in respect of him but this Act has effect in relation to him as if the election by him under section 119U had not been made. (7) Subsection (6) does not apply in relation to a person if the sum of the periods of eligible employment in which the person has been employed and the period of the public employment in which he was employed after he ceased to be a contributor to the Fund or to the Provident Account, as the case may be, is not less than twenty years. (8) In the application of section 85 to a person to whom paragraph (b) of subsection (6) of this section applies, the period in respect of which the compound interest referred to in that section is payable includes the period that commenced on the day after the person ceased to be a contributor to the Provident Account and ended on the day on which he ceased to be employed in public employment and, on and after 1 July 1976, the prescribed rate of interest referred to in section 85 is the rate at which interest is from time to time calculated in accordance with regulations made for the purposes of the definition of accumulated basic contributions in subsection (1) of section 3 of the Superannuation Act 1976. (9) In this section, relevant retiring age, in relation to a person, means the age that would have been the person’s minimum retiring age for the purposes of the Superannuation Act 1976 if the person: (a) had not ceased to be a contributor to the Fund or to the Provident Account; (b) had become an eligible employee for the purposes of that Act on 1 July 1976 by virtue of paragraph (a) of the definition of eligible employee in subsection 3(1) of that Act; and (c) had continued to occupy the position held immediately before ceasing to be a contributor to the Fund or to the Provident Account.