Superannuation Regulation 2022
20Cancellation of breakdown pension at direction of pensioner—the Act, s 52(c)
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20 Cancellation of breakdown pension at direction of pensioner—the Act, s 52(c)
20 Cancellation of breakdown pension at direction of pensioner—the Act, s 52(c)
(1) A pensioner who receives a breakdown pension that is not payable for the remainder of the pensioner’s life may direct STC, by written notice, to cancel the pension.
(2) The breakdown pension is cancelled on—
(a) the date STC receives the notice, or
(b) if a future date is specified in the notice for the cancellation—on the future date.
(3) Subject to subsection (5), when the breakdown pension is cancelled, entitlement to a further pension or other benefit under the Act must be determined on the basis the pensioner ceased, on the cancellation, to be on leave of absence without pay as provided by the Act, sections 48 and 49.
(4) The notice may direct—
(a) the cancellation have effect only for the period stated in the notice, being a period ending on—
(i) a specified date, or
(ii) the happening of a specified event, and
(b) STC to re-determine the grant of the pension at the end of the period.
(5) If the notice directs that the cancellation have effect only for the period stated in the notice—
(a) the breakdown pension is not payable to the pensioner during the period, and
(b) at the end of the period STC may, on application, grant a breakdown pension or other pension or benefit for which the pensioner is eligible as if the pensioner had continued during the period as an employee on leave of absence without pay in accordance with the Act, sections 48 and 49.
(6) The pensioner may, during the period the cancellation has effect, extend or reduce the period of cancellation by further written notice to STC.
(7) In this section—
breakdown pension means a pension payable under the Act, section 29 or 52E.