Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Division, the prescribed period in relation to a person who has ceased to be a member is:
(a) in the case of a person other than a person in relation to whom paragraph (b) applies--the period of 3 months immediately after he ceased to be a member; or
(b) in the case of a person who ceased to be a member by reason of his having been transferred to a Reserve or discharged from the Defence Force, or having had his continuous full - time service terminated, under the Defence (Parliamentary Candidates) Act 1969 for the purpose of enabling him to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State and was a candidate at the election:
(i) if he is elected--the period commencing immediately after he ceased to be a member and ending on the date on which he becomes a member of that House; or
(ii) if he is not elected--the period of 3 months immediately after the date that is the declared date in relation to the election under the Defence (Parliamentary Candidates) Act 1969 .
(2) For the purposes of this Division but subject to subsection (3):
(a) a period in respect of which a pension, being invalidity benefit, was payable to a person under this Act and immediately before the commencement of which he was a contributor shall be treated as if it had been a period during which he was a contributor;
(b) a period in respect of which a pension, being invalidity benefit, was payable to a person under this Act and immediately before the commencement of which he was employed in public employment shall be treated as if it had been a period in which he was employed in public employment; and
(c) 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 and of the other Acts relating to retirement benefits for members of the Defence Force) 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 as if it had been a period in which he was employed in that employment.
(3) Where a pension, being invalidity benefit, was not payable to a person under this Act during any period by reason only of section 53A or 53B, that period shall be treated for the purposes of this Division as if it had been a period during which that pension was payable, but:
(a) if the person was, immediately before the pension became payable, a contributor--shall not, in the calculation of the period during which he was employed in eligible employment, be treated as if it had been a period during which he was a contributor; or
(b) 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 (2)(b), as if it had been a period during which he was employed in public employment.