(a) the continued payment of pensions that were granted under the former Part III; and
(b) the continuation of processes (such as claims and applications) that were begun under the former Part III;
without the need for people to make new claims or begin those processes again.
Saving of pensions and qualifying service determinations
(1) If a determination granting a claim for a pension, or a decision that a person has rendered qualifying service, under the former Part III is in force immediately before I July 1991, the determination or decision has effect, from 1 July 1991, as if it were a determination under the new Part III granting a claim for the corresponding pension under the new Part III or granting a claim for a qualifying service determination under the new Part III.
Note: for the statutory authority for the determination and decision under the former Part III see subsections 46 (1) and 43 (6) and section 59 of that Act.
(2) If a determination directing the making of a payment of a pension under the former Part III is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under the new Part III directing the making of a payment of the corresponding pension under the new Part III.
Note: for the statutory authority for the determination under the former Part III see subsection 46 (2) and section 59 of that Act.
(3) If a determination of the rate of a pension under the former Part III is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under the new Part III of the rate of the corresponding pension under the new Part III.
Note: for the statutory authority for the determination under the former Part III see subsections 46 (2) and 58 (1) and (3) and section 59 of that Act.
Instruments in force on 30 June 1991
(1) If:
(a) an instrument made under a provision of the Principal Act is in force immediately before 1 July 1991; and
(b) the provision under which it was made is repealed on 1 July 1991; and
(c) a provision with the same legal effect is included in the Principal Act as in force on 1 July 1991;
the instrument has effect as if it were an instrument made under the provision referred to in paragraph (c).
(2) Without limiting subsection (1), the instrument may be:
(a) a determination or decision; or
(b) a direction; or
(c) an approval; or
(d) a notice; or
(e) a declaration; or
(f) an authorisation.
(3) If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before 1 July 1991.
Saving of claims for pensions and qualifying service determinations
9. (1) If:
(a) a person has lodged a claim for:
(i) a pension; or
(ii) a decision that the person has rendered qualifying service; under the former Part III; and
(b) the claim has not been determined before 1 July 1991; the claim has effect from 1 July 1991 as if it were a claim for:
(c) a corresponding pension; or
(d) a qualifying service determination; under the new Part III.
(a) subsection (1) applies to a claim; and
(b) a claim is granted under the new Part III;
the determination granting the claim may have a date of effect before 1 July 1991.
(a) subsection (1) applies to a claim; and
(b) the claim is granted under the new Part III; and
(c) the determination granting the claim has a date of effect before 1 July 1991;
the payment of instalments during the period that starts on the date of effect of the determination and ends on 30 June 1991 is to be made under the new Part III and the person making the claim has no rights under the former Part III arising from the claim.
Unfinalised internal reviews
(1) If:
(a) a person has made an application under subsection 59 (1) of the former Part III before 1 July 1991; and
(b) the application has not been determined before 1 July 1991; the application has effect, from 1 July 1991, as if it were an application under subsection 57a (1) of the new Part III.
(2) The date of effect of the decision made in response to the application may be before 1 July 1991.
(a) subsection (1) applies to an application; and
(b) the date of effect of the decision made in response to the application is before 1 July 1991;
the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if it were a decision under section 59 of the former Part III.
Application to participate in the pension loans scheme
(1) If:
(a) a person has made a request under subsection 51 (2) of the former Part III before 1 July 1991; and
(b) the request has not been determined before 1 July 1991;
the request has effect from 1 July 1991 as if it had been made under subsection 52zd (1) of the new Part III.
(a) subsection (1) applies to a request; and
(b) the request is granted under this Act;
the former Part III has effect, for the period that starts on the day on which the request was made and ends on 30 June 1991, as if the request had been granted under the former Part III.
Application to take advantage of hardship rules
(1) If:
(a) a person made a request under subsection 53 (1) of the former Part III before 1 July 1991; and
(b) the request was not determined before 1 July 1991;
the request has effect, from 1 July 1991 as if it had been made under subsection 52y (1) of the new Part III.
(2) A decision in response to the request will have a date of effect before 1 July 1991 (see subsection 52y (3) of the new Part III).
(a) subsection (1) applies to a request; and
(b) the request is granted under the new Part III; and
(c) the date of effect of the decision to grant the request is before 1 July 1991;
the former Part III has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if the decision had been made under the former Part III.
Payment of service pension to agent
If a pensioner has made a request in relation to a service pension, wife’s service pension or carer’s service pension under subsection 122 (2) of the Principal Act before 1 July 1991, the request has effect, from 1 July 1991, as if it had been made under subsection 58d (1)of the new Part III.
Request to terminate service pension
If a pensioner has made a request in relation to a service pension or wife’s service pension under subsection 124 (1) of the Principal Act before 1 July 1991, the request has effect, from 1 July 1991, as if it had been made under subsection 56J (1) of the new Part III.
Cancellation or suspension where person fails to draw instalments
If the Commission has cancelled or suspended a service pension or wife’s service pension under subsection 124 (2) of the Principal Act before 1 July 1991, the cancellation or suspension has effect, from 1 July 1991, as if it had been made under section 56k of the new Part III.
Deduction of tax from service pension
If a pensioner has made a request under subsection 125 (2) of the Principal Act before 1 July 1991, the request has effect, from 1 July 1991, as if it had been made under section 58h of the new Part III.