13. Provisions re Commonwealth employees already entitled to Commonwealth pension
(1) In this section }Commonwealth pensioner~ means a Commonwealth employee who ¾
(a) has attained the age of 60 years before being appointed or engaged under this Act;
(b) had contributed under the Commonwealth Superannuation Act for units of pension entitling him to a full pension on attaining the age of 60 years; and
(c) elects under the Commonwealth Superannuation Act, upon resigning, to receive a refund of contributions in lieu of a pension in respect of those units under that Act and within 7 days of receiving the refund pays the amount of the refund less any part thereof which represents a refund of contributions paid, and interest thereon in respect of reserve units of pension, to the Board to be dealt with in the manner provided by section 12(6)(a) of this Act.
(2) Where a Commonwealth pensioner ceases to be employed under the provisions of the Public Sector Management Act 1994, he is entitled to receive from the Board a pension equal to, or approximately equal to, but not less than, the pension which he would have been entitled to receive under the provisions of the Commonwealth Superannuation Act as in force on the date he ceased to be a Commonwealth employee had he remained in the Commonwealth Service in lieu of being appointed or engaged under this Act and had resigned or retired from the Commonwealth Service on the same date as that on which he ceases to be so employed under the provisions of the Public Sector Management Act 1994.
(3) There shall be credited to the Fund and charged to the Consolidated Fund amounts equal to any amounts paid by way of pension by the Board under subsection (2).
[Section 13 amended by No. 6 of 1993 s. 11; No. 32 of 1994 s. 17(n); No. 49 of 1996 s. 64.]