Superannuation Act 1971

19. Section 111 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) Notwithstanding the last two preceding sub-sections, this Part does not apply to a person who becomes employed by the Commonwealth or by an approved authority after the commencement of the Superannuation Act 1971.”.

20. After Part X. of the Principal Act the following Part is inserted:—

“Part Xa.—Preservation of Rights of Certain Contributors and Former Contributors.

“Preliminary.Division 1.—

Interpretation.

“119a.—(1.) In this Part, unless the contrary intention appears—

‘employment’ means employment by the terms of which persons employed in that employment are required to give the whole of their time to the duties of their employment;

‘life policy’ means a life policy as defined by sub-section (1.) of section four of the Life Insurance Act 1945–1965;

‘member’, in relation to a superannuation scheme applying in relation to any employment, includes any person employed in that employment in respect of whom benefits are applicable under the scheme by reason of his being so employed, whether or not he has made contributions under the scheme;

‘the rules’, in relation to a superannuation scheme, means the rules governing the operation of the scheme, whether contained in a law or in a trust deed or other instrument.

“(2.) For the purposes of this Part, the membership by a person of a House of the Parliament of the Commonwealth or of a State shall be treated as if it were employment of the person by the Commonwealth or by that State, as the case may be.

“(3.) A reference in this Part to a superannuation scheme shall be read as a reference to a superannuation or retirement scheme, however established, and, unless the contrary intention appears, shall be read as including a reference to—

(a) the superannuation scheme constituted by the provisions of this Act relating to the Fund; and

(b) the retirement scheme constituted by the provisions of this Act relating to the Provident Account.

“(4.) For the purposes of this Part, a benefit payable to or in respect of an employee under a superannuation scheme shall not be taken to have been based partly upon contributions under the scheme by the employer by reason only that the benefit included interest upon contributions made under the scheme by the employee.

Determinations by the Board.

“119b.—(1.) The Board shall make a determination under this Part only after receiving advice in writing from an actuary.

“(2.) Where, in pursuance of this Part, the Board has power to make a determination in relation to a matter, the power shall be construed as including a power, exercisable in the like manner and subject to the like conditions (if any), to vary a determination so made.

“Employees Who Have Preserved Rights from Previous Employment.Division 2.—

Application of Division to former contributors to Provident Account

“119c. Where a contributor to the Provident Account is allowed by the Board to contribute to the Fund under Part III. of this Act, this Division other than section one hundred and nineteen g applies as if he had become an employee on the date on which he became a contributor to the Fund under that Part.

Transfer value payable in respect of previous employment.

“119d.—(1.) In this Division—

(a) a reference, in relation to an employee, to a transfer value payable to or in respect of the employee under a superannuation scheme applicable in relation to any employment in which he was employed at any time before the date on which he became an employee is a reference—

(i) in the case of the superannuation scheme constituted by the provisions of this Act relating to the Fund or by the provisions of this Act relating to the Provident Account—to a lump sum payable to the employee under section fifty of this Act, a lump sum payable to the employee under section eighty-two of this Act where his services are terminated owing to retrenchment or a transfer value payable in respect of the employee under Division 3 of this Part;

(ii) in the case of the superannuation scheme constituted by the provisions of the Defence Forces Retirement Benefits Act 1948–1971 and the other Acts relating to retirement benefits for members of the Defence Force—to a transfer value payable in respect of the employee under Division 3 of Part VIc. of the Defence Forces Retirement Benefits Act 1948–1971 or to a refund of contributions and a gratuity payable to the employee; and

(iii) in the case of any other superannuation scheme—to a benefit by way of a lump sum payable to or in respect of the employee under that scheme upon the termination of the employment otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of the employment, being a benefit that was based wholly upon contributions under the scheme by the employer or was based partly upon such contributions and partly upon contributions under the scheme by the employee; and

(b) a reference to the amount of a transfer value to which sub-paragraph (iii) of the last preceding paragraph applies does not include a reference to any part of the lump sum that was based upon contributions by the employee that were of a similar nature to contributions under this Act for reserve units of pension.

“(2.) If, after a transfer value became payable to or in respect of a person under a superannuation scheme, an amount equal to the whole or any part of that transfer value was paid to a person administering another superannuation scheme (not being the superannuation scheme constituted by the provisions of this Act relating to the Fund or by the provisions of this Act relating to the Provident Account)—

(a) where the whole of the transfer value was so paid—that transfer value shall be disregarded for the purposes of this Division; or

(b) where part of the transfer value was so paid—the amount of that transfer value shall be deemed, for the purposes of this Division, to be reduced by the amount so paid.

“(3.) Subject to the next succeeding sub-section, a transfer value shall be deemed, for the purposes of this Division, to have become payable in respect of a person under a superannuation scheme upon the termination of any employment if, upon the termination of that employment, he had the legal title to a life policy, or was entitled to have the legal title to a life policy assigned to him, being a policy the premiums for which were, while he was employed in that employment, paid in whole or in part by his employer, and, in that case, the surrender value of the policy as at the date of the termination of the employment shall be taken to be the amount of the transfer value.

“(4.) Where a transfer value is, by virtue of the last preceding sub-section, to be deemed, for the purposes of this Division, to have become payable in respect of a person upon the termination of any employment by reason that, upon the termination of that employment, he had the legal title to a life policy, or was entitled to have the legal title to a life policy assigned to him, a transfer value shall not be deemed, for those purposes, to have become payable in respect of the person upon the termination of any previous employment by reason that, upon the termination of that previous employment, he had the legal title to that policy, or was entitled to have the legal title to that policy assigned to him.

Pension payable in respect of previous employment.

“119e. In this Division—

(a) a reference, in relation to an employee, to a prescribed pension payable to the employee under a superannuation scheme applicable in relation to any employment in which he was employed at any time before the date on which he became an employee is a reference—

(i) in the case of the superannuation scheme constituted by the provisions of this Act relating to the Fund—to a pension payable to the employee under this Act; and

(ii) in the case of any other superannuation scheme—to a pension payable to the employee under that scheme that was based wholly upon contributions under the scheme by the employer or was based partly upon such contributions and partly upon contributions by the employee,

but does not include a reference to a pension the payment of which was deferred; and

(b) where a pension referred to in the last preceding paragraph was commuted, in whole or in part, for a lump sum after the pension became payable and before the date on which the person to whom the pension was payable became an employee, the pension shall, for the purposes of this Division, be treated as not having been so commuted.

Deferred benefits applicable in respect of previous employment.

“119f. In this Division, a reference, in relation to an employee, to deferred benefits applicable in respect of the employee under a superannuation scheme applicable in relation to any employment in which he was employed at any time before the date on which he became an employee is a reference—

(a) in the case of the superannuation scheme constituted by the provisions of this Act relating to the Fund or by the provisions of this Act relating to the Provident Account—to deferred benefits applicable in respect of the employee under Division 3 of this Part; and

(b) in the case of any other superannuation scheme—to benefits, whether by way of a lump sum or of a pension, applicable in respect of the employee under the scheme but not immediately

payable, being benefits based wholly upon contributions under the scheme by the employer or based partly upon such contributions and partly upon contributions under the scheme by the employee.

Declaration by employee who has previously been in employment.

“119g.—(1.) Where a person who has attained the age of twenty-one years becomes an employee, he shall, before the expiration of one month after the date on which he became an employee, or before such later time as the Board in special circumstances allows, furnish to the Board a declaration in writing in accordance with a form made available by the Board—

(a) stating whether he has previously been in employment within or outside Australia; and

(b) if he has so previously been in employment, stating whether, upon the termination of that employment—

(i) a transfer value became payable to or in respect of him on or after the date of commencement of this section under a superannuation scheme applicable in relation to that employment;

(ii) a transfer value would have become so payable on or after that date but for an election or choice made, option exercised or other act or thing done by him, or he was entitled to make an election or choice, exercise an option or do any other act or thing as a result of which a transfer value would have become so payable on or after that date but he did not make the election or choice, exercise the option or do the other act or thing;

(iii) a prescribed pension became payable to him under such a scheme;

(iv) a prescribed pension would have become so payable on or after the date of commencement of this section but for an election or choice made, option exercised or other act or thing done by him, or he was entitled to make an election or choice, exercise an option or do any other act or thing as a result of which a prescribed pension would have become so payable on or after that date but he did not make the election or choice, exercise the option or do the other act or thing;

(v) any deferred benefits became applicable in respect of him on or after the date of commencement of this section under such a scheme;

(vi) any deferred benefits would have become so applicable on or after that date but for an election or choice made, option exercised or other act or thing done by him, or he was entitled to make an election or choice, exercise an option or do any other act or thing as a result of which

any deferred benefits would have become so applicable on or after that date but he did not make the election or choice, exercise the option or do the other act or thing; or

(vii) in the case of a person who, immediately before becoming an employee, was a contributor to a Public Service Superannuation Fund within the meaning of Part VIII. of this Act—a refund of the whole or any part of any contributions made by him to that Fund became payable,

and, if so, setting out particulars of the transfer value, prescribed pension, deferred benefits or refund that became, or would have become, payable.

“(2.) A person to whom the last preceding sub-section applies shall furnish to the Board, within the period referred to in that sub-section, an authority in writing authorizing the Board to obtain information in relation to any transfer value, prescribed pension, deferred benefits or refund referred to in that sub-section from his previous employer or from any person administering the superannuation scheme applicable in relation to his previous employment.

Contributors with superannuation rights from previous employment

“119h.—(1.) Where a person who, after the commencement of this section, becomes an employee and a contributor to the Fund or to the Provident Account has, at any time before becoming an employee, been in employment within or outside Australia upon the termination of which—

(a) a transfer value became payable to or in respect of him on or after the date of commencement of this section under a superannuation scheme applicable in relation to that employment;

(b) a transfer value would have become so payable on or after that date but for an election or choice made, option exercised or other act or thing done by him, or he was entitled to make an election or choice, exercise an option or do any other act or thing as a result of which a transfer value would have become so payable on or after that date but he did not make the election or choice, exercise the option or do the other act or thing;

(c) a prescribed pension became payable to him under such a scheme;

(d) a prescribed pension would have become so payable on or after the date of commencement of this section but for an election or choice made, option exercised or other act or thing done by him, or he was entitled to make an election or choice, exercise an option or do any other act or thing as a result of which a prescribed pension would have become so payable on or after that date but he did not make the election or choice, exercise the option or do the other act or thing;

(e) any deferred benefits became applicable in respect of him on or after the date of commencement of this section under such a scheme; or

(ƒ) any deferred benefits would have become so applicable on or after that date but for an election or choice made, option exercised or other act or thing done by him, or he was entitled to make an election or choice, exercise an option or do any other act or thing as a result of which any deferred benefits would have become so applicable on or after that date but he did not make the election or choice, exercise the option or do the other act or thing,

the succeeding sections of this Division have effect.

“(2.) Paragraph (b) of the last preceding sub-section shall not be taken to apply in relation to a person by reason of the doing of, or the failure to do, any act or thing if, as a result of the doing of the act or thing or as a result of the failure, paragraph (c) or paragraph (e) of that sub-section applies in relation to him.

“(3.) Paragraph (d) of sub-section (1.) of this section shall not be taken to apply in relation to a person by reason of the doing of, or the failure to do, any act or thing if, as a result of the doing of the act or thing or as a result of the failure, paragraph (a) or paragraph (e) of that sub-section applies in relation to him.

“(4.) Paragraph (f) of sub-section (1.) of this section shall not be taken to apply in relation to a person by reason of the doing of, or the failure to do, any act or thing if, as a result of the doing of the act or thing or as a result of the failure, paragraph (a) or paragraph (c) of that sub-section applies in relation to him.

Rights of contributors who elect to pay transfer value to Board.

“119j.—(1.) If—

(a) a transfer value or transfer values became payable to or in respect of the person in accordance with paragraph (a) of sub-section (1.) of the last preceding section;

(b) the person elected before the date on which he became an employee, or elects not later than three months after that date, to pay to the Board an amount equal to the amount of that transfer value or, if two or more transfer values became payable, to the sum of the amounts of those transfer values; and

(c) that amount has, before the expiration of that period of three months, been paid to the Board,

the succeeding provisions of this section have effect.

“(2.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election and the payment of an amount to the Board under the last preceding sub-section.

“(3.) Where the person is a contributor to the Fund—

(a) so much of the amount paid to the Board as is equal to the employee component of the transfer value, or to the sum of the

employee components of the transfer values, as the case may be, shall be paid by the Board to the Fund and, when so paid—

(i) shall be deemed, for the purposes of this Act other than section fifty-one, to be contributions made to the Fund by the person; and

(ii) shall, to the extent to which it was payable to the person upon the termination of the employment in respect of which the transfer value or any of the transfer values become payable irrespective of whether he engaged in further employment, be deemed, for the purposes of section fifty-one of this Act, to be contributions made to the Fund by the person;

(b) the person shall be deemed, for the purposes of this Act, to have completed payment of contributions to the Fund for such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to the amount of the transfer value or the total of the amounts of the transfer values;

(c) if at any time the number of units of pension for which the person would, but for this Division, be required to contribute to the Fund does not exceed the sum of—

(i) the number of units of pension for which he is to be deemed by the last preceding paragraph to have completed payment of contributions;

(ii) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to the total of the amounts of any transfer values referred to in paragraph (b) of sub-section (1.) of section one hundred and nineteen h of this Act that would have become payable to or in respect of him;

(iii) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to any pensions referred to in paragraphs (c) and (d) of that sub-section that are, or would have become, payable to him;

(iv) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to any deferred benefits referred to in paragraphs (e) and (ƒ) of that sub-section that are, or would have become, applicable in respect of him; and

(v) in the case of a person who becomes a contributor after the commencement of this section and was, immediately before becoming an employee, a contributor to a Public Service Superannuation Fund within the meaning of Part VIII. of this Act, other than a person to whom that Part does not apply by reason of the operation of sub-section (1.) of section one hundred and ten c of this Act—the number of units of pension determined by the Board in relation to him under sub-section (3.) of section one hundred and nine of this Act or, if that section does not apply in relation to him, the number of units of pension that would have been determined by the Board in relation to him under sub-section (2.) of section one hundred and ten of this Act if that last-mentioned section were applicable in relation to him,

the person shall not be required or permitted to contribute to the Fund at that time in respect of units of pension;

(d) if at any time the number of units of pension for which the person would, but for this Division, be required to contribute to the Fund exceeds the sum referred to in the last preceding paragraph, the person shall not be required or permitted to contribute to the Fund at that time in respect of a number of units of pension greater than the excess; and

(e) nothing in this Act shall be taken to require or permit a reduction in the number of units of pension for which the person is a contributor to a number that is less than the number of units of pension for which he is to be deemed by paragraph (b) of this sub-section to have completed payment of contributions.

“(4.) A determination made for the purposes of paragraph (b) or paragraph (c) of the last preceding sub-section in relation to a person who has not made an election under section twenty-four of this Act may specify different numbers of units of pension as having been equivalent to the amount of a transfer value, or the total of the amounts of any transfer values, or as having been equivalent to any pension or deferred benefits, according to whether or not the person makes such an election after the determination is made.

“(5.) Where—

(a) a transfer value became payable to or in respect of a person in accordance with paragraph (a) of sub-section (1.) of the last preceding section; and

(b) a transfer value of a greater amount would have become so payable but for the doing of, or the failure to do, any act or thing referred to in paragraph (b) of that sub-section,

the amount of the last-mentioned transfer value shall be taken into account for the purposes of sub-paragraph (ii) of paragraph (c) of sub-section (3.) of this section only to the extent to which it was greater than the amount of the first-mentioned transfer value.

“(6.) Where—

(a) a transfer value became payable to or in respect of a person in accordance with paragraph (a) of sub-section (1.) of the last preceding section; and

(b) a transfer value of a smaller amount would have become so payable but for the doing of, or the failure to do, any act or thing referred to in paragraph (b) of that sub-section,

the amount of the last-mentioned transfer value shall not be taken into account for the purposes of sub-paragraph (ii) of paragraph (c) of sub-section (3.) of this section.

“(7.) Where the person is a contributor to the Provident Account—

(a) so much of the amount paid to the Board as is equal to the employee component of the transfer value, or to the sum of the employee components of the transfer values, as the case may be, shall be paid by the Board into the Provident Account;

(b) the amount so paid into the Provident Account shall, to the extent to which it was payable to the person upon the termination of the employment in respect of which the transfer value or any of the transfer values became payable irrespective of whether he engaged in further employment, be deemed, for the purposes of sections eighty-four and eighty-five of this Act, to be contributions made to the Provident Account by the person;

(c) subject to the next succeeding paragraph, one-third of the amount paid to the Board shall be deemed, for the purposes of sub-section (1.) of section eighty-two, and sub-section (1.) of section eighty-three, of this Act to be contributions made to the Provident Account by the person;

(d) in calculating the sum payable under sub-section (1.) of section eighty-two, or sub-section (1.) of section eighty-three, of this Act for the purpose of ascertaining whether sub-section (2.) of section eighty-two, or sub-section (2.) of section eighty-three, of this Act applies in relation to the person or in relation to the widow or widower or the children of the person, as the case may be, the last preceding paragraph shall be disregarded; and

(e) if sub-section (2.) of section eighty-two, or sub-section (2.) of section eighty-three, of this Act applies in relation to the person or in relation to the widow or widower or the children of the person, as the case may be—

(i) there shall be paid out of the Provident Account to the person, or to the widow, widower or children, in addition to the amount payable under that sub-section, an amount

equal to the amount paid to the Board together with compound interest on that amount, in respect of the period that commenced on the date on which the person became a contributor to the Provident Account and ended on the date on which he ceased to be such a contributor, at the rate or rates applicable under sub-section (3.) of section ninety of this Act; and

(ii) the Commonwealth shall pay to the Provident Account an amount equal to so much of the amount paid under the last preceding sub-paragraph as bears to that amount the same proportion as the employer component of the transfer value or the sum of the employer components of the transfer values bears to the transfer value or to the sum of the transfer values, as the case may be.

“(8.) The Board shall pay to the Commonwealth so much of the amount paid to the Board as is equal to the employer component of the transfer value or to the sum of the employer components of the transfer values, as the case may be.

“(9.) If—

(a) under the superannuation scheme applicable in relation to any previous employment of the person, the whole or any part of the employer component of a transfer value was payable to the person upon the termination of that employment irrespective of whether he engaged in further employment; and

(b) the person ceases to be a contributor to the Fund or to the Provident Account and—

(i) in the case of a person who was a contributor to the Fund— a refund of the contributions paid by him to the Fund is payable to or in respect of him; or

(ii) in the case of a person who was a contributor to the Provident Account—an amount equal to the contributions paid by him to the Provident Account together with compound interest on the amount of those contributions is payable to or in respect of him,

so much of the amount paid to the Commonwealth under the last preceding sub-section as is equal to the employer component of the transfer value or to that part of that employer component, as the case may be, together with, in the case of a person who was a contributor to the Provident Account, compound interest, in respect of the period that commenced on the date on which the person became a contributor to the Provident Account and ended on the date on which he ceased to be such a contributor, at the rate or rates applicable under sub-section (3.) of section ninety of this Act, is payable to or in respect of him out of the Fund or the Provident Account, as the case may be.

“(10.) Where an amount is payable out of the Fund or the Provident Account under the last preceding sub-section, the Commonwealth shall pay an amount equal to that amount to the Fund or to the Provident Account, as the case may be.

“(11.) For the purposes of this section—

(a) the employee component of a transfer value payable to or in respect of a person is the part (if any) of that transfer value that was based upon contributions made by the person; and

(b) the employer component of a transfer value payable to or in respect of a person is the part of that transfer value that was based upon contributions by an employer or employers of the person.

Rights of contributors in other cases.

“119k.—(1.) This section applies in relation to a person—

(a) in relation to whom section one hundred and nineteen h of this Act applies but in relation to whom the last preceding section does not apply; and

(b) who is a contributor to the Fund.

“(2.) If at any time the number of units of pension for which a person in relation to whom this section applies would, but for this Division, be required to contribute to the Fund does not exceed the sum of—

(a) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to the amount of any transfer value, or the total of the amounts of any transfer values, referred to in paragraphs (a) and (b) of sub-section (1.) of section one hundred and nineteen h of this Act that is or are, or would have become, payable to him;

(b) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to any pension or pensions referred to in paragraphs (c) and (d) of that sub-section that is or are, or would have become, payable to him;

(c) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to any deferred benefits referred to in paragraphs (e) and (ƒ) of that sub-section that are, or would have become, applicable in respect of him; and

(d) in the case of a person who becomes a contributor after the commencement of this section and was, immediately before becoming an employee, a contributor to a Public Service Superannuation Fund within the meaning of Part VIII. of this Act,

other than a person to whom that Part does not apply by reason of the operation of sub-section (1.) of section one hundred and ten c of this Act—the number of units of pension determined by the Board in relation to him under sub-section (3.) of section one hundred and nine of this Act or, if that section does not apply in relation to him, the number of units of pension that would have been determined by the Board in relation to him under sub-section (2.) of section one hundred and ten of this Act if that last-mentioned section were applicable in relation to him,

the person shall not be required or permitted to contribute to the Fund at that time in respect of units of pension.

“(3.) If at any time the number of units of pension for which a person in relation to whom this section applies would, but for this Division, be required to contribute to the Fund exceeds the sum referred to in the last preceding sub-section, the person shall not be required or permitted to contribute to the Fund at that time in respect of a number of units of pension greater than the excess.

“(4.) A determination made for the purposes of this section in relation to a person who has not made an election under section twenty-four of this Act may specify different numbers of units of pension as having been equivalent to the amount of a transfer value or the total of the amounts of any transfer values, or as having been equivalent to any pension or deferred benefits, according to whether or not the person makes such an election after the determination is made.

“(5.) Where—

(a) a transfer value became payable to or in respect of a person in accordance with paragraph (a) of sub-section (1.) of section one hundred and nineteen h of this Act; and

(b) a transfer value of a greater amount would have become so payable but for the doing of, or the failure to do, any act or thing referred to in paragraph (b) of that sub-section,

the amount of the first-mentioned transfer value shall not be taken into account for the purposes of paragraph (a) of sub-section (2.) of this section.

“(6.) Where—

(a) a transfer value became payable to or in respect of a person in accordance with paragraph (a) of sub-section (1.) of section one hundred and nineteen h of this Act; and

(b) a transfer value of a smaller amount would have become so payable but for the doing of, or the failure to do, any act or thing referred to in paragraph (b) of that sub-section,

the amount of the last-mentioned transfer value shall not be taken into account for the purposes of paragraph (a) of sub-section (2.) of this section.

Matters to be taken into account by actuary in furnishing advice to Board.

“119l.—(1.) In furnishing advice to the Board in relation to the determination by the Board, for the purposes of either of the last two preceding sections, of the number of units of pension that was equivalent to the amount of a transfer value, or to the total of the amounts of any transfer values, that is or are, or would have become, payable to or in respect of a person under a superannuation scheme, an actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including—

(a) the extent to which the transfer value or each of the transfer values was, or would have been, based upon contributions under the superannuation scheme by the employer of the person and the extent (if any) to which it was, or would have been, based upon contributions by the person;

(b) the age of the person at the date on which he became an employee;

(c) whether the person has made an election under section twenty-four of this Act;

(d) the respective rates of mortality, invalidity and withdrawal from the Fund that are assumed, for the purposes of the advice, to apply in relation to the class of contributors in which the person is included; and

(e) the rates of interest that it is assumed, for the purposes of the advice, will be earned by the assets of the Fund.

“(2.) In furnishing advice to the Board in relation to the determination by the Board, for the purposes of either of the last two preceding sections, of the number of units of pension that was equivalent to a pension that is, or would have become, payable to a person under a superannuation scheme, an actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including—

(a) the amount that was the amount of the pension at the date on which the person became an employee or would have been the amount of the pension at that date if the pension had become payable to the person;

(b) whether, in the event of the death of the person leaving a widow or a child or children, any benefits would be payable under the superannuation scheme to the widow or in respect of the child or children or would have been so payable if the pension had become payable to the person;

(c) the age of the person at the date on which he became an employee; and

(d) whether the person has made an election under section twenty-four of this Act.

“(3.) In furnishing advice to the Board in relation to the determination by the Board, for the purposes of either of the last two preceding sections, of the number of units of pension that was equivalent to any deferred benefits that are, or would have become, applicable in respect of a person under a superannuation scheme, an actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including—

(a) the nature of the deferred benefits;

(b) the circumstances in which the benefits were to become, or would have become, payable;

(c) the amount of any pension or lump sum that has or will become, or would have become, payable as, or as part of, the deferred benefits;

(d) the age of the person at the date on which he became an employee; and

(e) whether the person has made an election under section twenty-four of this Act.

Exemption of certain employees from medical examination.

“119m.—(1.) Subject to the next succeeding sub-section, this section applies in relation to an employee if—

(a) by reason of the termination of the employment in which he was last employed before he became an employee—

(i) a transfer value became payable to or in respect of him under a superannuation scheme applicable in relation to that employment;

(ii) a pension became payable to him under such a superannuation scheme; or

(iii) deferred benefits became applicable in respect of him under such a superannuation scheme;

(b) in the case of an employee in relation to whom sub-paragraph (i) of the last preceding paragraph applies—an amount equal to the amount of the transfer value referred to in that sub-paragraph has been paid to the Board in accordance with sub-section (1.) of section one hundred and nineteen j of this Act; and

(c) any of the following sub-paragraphs applies:—

(i) the employee underwent a medical examination required under the rules of the superannuation scheme referred to in paragraph (a) of this sub-section for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being admitted as a member of that scheme;

(ii) the employee was admitted as a member of the superannuation scheme under provisions of the rules of that scheme corresponding to the provisions of this section; or

(iii) the employee underwent a medical examination required by the person by whom he was employed in the employment referred to in paragraph (a) of this sub-section for the purpose of determining whether his health and physical fitness were of such a standard as would justify his being employed in that employment.

“(2.) This section does not apply in relation to an employee if—

(a) a period of more than three months elapsed between the termination of the employment referred to in paragraph (a) of the last preceding sub-section and the date on which he became an employee; or

(b) in the case of a person to whom sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of the last preceding sub-section applies— the employment referred to in that paragraph terminated by reason of his invalidity or his physical or mental incapacity to perform his duties.

“(3.) Where, under the superannuation scheme applicable in respect of the employment in which an employee in relation to whom this section applies was last employed before he became an employee—

(a) the benefits that would have been applicable in respect of the employee if the termination of that employment had been caused by his death, invalidity or physical or mental incapacity would have been, or would have included, benefits by way of a pension;

(b) those benefits would have been the maximum benefits available under the scheme; and

(c) the applicability of those maximum benefits would not have been attributable to his having paid contributions at a higher rate than the ordinary rate of contributions,

the employee is not prevented from contributing to the Fund under Part III. by reason of sub-section (1.) of section five of this Act.

“(4.) If the Board is satisfied that, at the time when an employee in relation to whom this section applies commenced to be employed in the employment in which he was last employed before he became an employee, his health and physical fitness were of such a standard as would have justified his being accepted as a contributor to the Fund under Part III. of this Act if he had then been an employee, the Board shall, notwithstanding sub-section (1.) of section five of this Act, accept the employee as such a contributor.

“(5.) If neither of the last two preceding sub-sections is applicable in respect of an employee in relation to whom this section applies, the Board shall, notwithstanding sub-section (1.) of section five of this Act accept the employee as a contributor to the Provident Account.

“(6.) Where the Treasurer, after receiving a report from the Board in respect of a period in relation to which this section applies, is of the opinion that, as a result of the operation of this section, the number of pensions that have become payable under this Act during that period by reason of the death of contributors during that period, or the retirement of contributors during that period on the ground of invalidity or of physical or mental incapacity to perform their duties, is greater than the number of pensions that would otherwise have become so payable during that period, the Treasurer may direct that there shall be paid by the Commonwealth to the Fund, in addition to any other amounts that have or may become payable to the Fund under this Act, such amount as the Treasurer considers appropriate.

“(7.) The Board shall, before furnishing a report to the Treasurer for the purposes of the last preceding sub-section, consult with an actuary.

“(8.) In this section, ‘period in relation to which this section applies’ means the period that commenced on the first day of January, One thousand nine hundred and seventy, and ends on the thirtieth day of June, One thousand nine hundred and seventy-two, the period of five years commencing on the first day of July, One thousand nine hundred and seventy-two, and each subsequent period of five years.

“Preservation of Rights of Persons Ceasing to be Contributors.Division 3.—

Interpretation.

“119n.—(1.) For the purposes of this Division, the prescribed period, in relation to a person who has ceased to be a contributor to the Fund or to the Provident Account, is—

(a) in the case of a person other than a person in relation to whom the next succeeding paragraph applies—the period of three months immediately after he ceased to be such a contributor; or

(b) in the case of a person who ceased to be such a contributor by reason of his having voluntarily terminated his employment or service in order 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 such a contributor and ending on the day on which he becomes such a member; or

(ii) if he is not elected—the period of three months immediately after the day of the declaration of the result of the election.

“(2.) Subject to the next succeeding sub-section—

(a) a period in respect of which a pension was payable to a person under this Act by reason of his invalidity or of his physical or mental incapacity to perform the duties of his employment and immediately before the commencement of which he was employed in public employment shall be treated for the purposes of this Division as if it had been a period in which he was employed in public employment; and

(b) 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 relating to the Fund) 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 for the purposes of this Division as if it had been a period in which he was employed in that employment.

“(3.) Where—

(a) a pension is not payable to a person under this Act during a period by reason of section fifty-five or section sixty-four a of this Act; and

(b) that pension would, but for that section, have been payable to that person during that period by reason of his invalidity or of his physical or mental incapacity,

that period shall be treated for the purposes of this Division as if it had been a period in which that pension was payable but, 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 (a) of the last preceding sub-section, as if it had been a period during which he was employed in public employment.

“(4.) Where a contributor to the Provident Account is allowed by the Board to contribute to the Fund under Part III. of this Act, this Division has effect as if he had become employed in public employment on the date on which he became a contributor to the Fund under that Part.

Eligible employment.

“119p.—(1.) For the purposes of the application of this Division in relation to a person who has ceased to be a contributor to the Fund or to the Provident Account, the following periods of employment of the person are periods of eligible employment:—

(a) the period of employment during which the person was a contributor to the Fund or to the Provident Account and which terminated at the time when he so ceased to be a contributor to the Fund or to the Provident Account;

(b) subject to the next two succeeding sub-sections, a period of employment of the person by the Commonwealth, by the Administration of a Territory of the Commonwealth, by a body corporate established for a public purpose by a law of the Commonwealth or of a Territory of the Commonwealth or by a company that is incorporated under the law of a State or Territory of the Commonwealth and in which the Commonwealth has a controlling interest;

(c) subject to sub-section (4.) of this section, a period of employment (whether within or outside Australia) of the person during which he was a member of a superannuation scheme under which, upon the termination of that employment—

(i) a lump sum that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person was paid to or in respect of the person;

(ii) a pension that was based, or included an amount that was based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became payable to the person; or

(iii) benefits, whether by way of a lump sum or of a pension, that were payable at a future time and were based, or included an amount or amounts based, wholly upon contributions by the employer under the scheme or partly upon such contributions and partly upon contributions under the scheme by the person became applicable in respect of the person; and

(d) subject to sub-section (5.) of this section, a period of employment of the person during which he was a contributor to a State Fund within the meaning of Part VII. of this Act or a contributor to a Public Service Superannuation Fund within the meaning of Part VIII. of this Act.

“(2.) Paragraph (b) of the last preceding sub-section does not apply in relation to a period of employment of a person that terminated before the commencement of this section unless, before the expiration of three months after the termination of that employment, the person became employed in other employment that is eligible employment.

“(3.) Paragraph (b) of sub-section (1.) of this section does not apply in relation to a period of employment of a person that terminated after the commencement of this section unless—

(a) a lump sum that was based, or included an amount based, wholly upon contributions by his employer under a superannuation scheme applicable in relation to that employment or partly upon such contributions and partly upon contributions under the scheme by the person was paid to the Board in accordance with sub-section (1.) of section one hundred and nineteen j of this Act;

(b) a pension that was based, or included an amount based, wholly upon contributions by his employer under a superannuation scheme applicable in relation to that employment or partly upon such contributions and partly upon contributions under the scheme by the person became payable to him;

(c) benefits, whether by way of a lump sum or of a pension, that were payable at a future time and were based, or included an amount or amounts based, wholly upon contributions by his employer under a superannuation scheme applicable in relation to that employment or partly upon such contributions and partly upon contributions under the scheme by the person became applicable in respect of him; or

(d) before the expiration of three months after the termination of that employment he became employed in other employment that was eligible employment and—

(i) a lump sum of a kind referred to in paragraph (a) of this sub-section did not become payable to or in respect of him in relation to the first-mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which such a lump sum would have become so payable;

(ii) a pension of a kind referred to in paragraph (b) of this sub-section did not become payable to or in respect of him in relation to the first-mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which such a pension would have become so payable; and

(iii) benefits of a kind referred to in the last preceding paragraph did not become applicable in respect of him in relation to the first-mentioned employment and he was not entitled to make an election or choice, exercise an option or do any other act or thing as a result of which any such benefits would have become so applicable.

“(4.) Paragraph (c) of sub-section (1.) of this section does not apply in relation to a period of employment of a person by reason of the operation of sub-paragraph (i) of that paragraph unless an amount equal to the lump sum referred to in that sub-paragraph, or an amount that included an amount based upon that lump sum, has been paid into the Fund or the Provident Account.

“(5.) Paragraph (d) of sub-section (1.) of this section does not apply in relation to a period of employment of a person unless—

(a) an amount equal to the amount refunded to the person from the Fund referred to in that paragraph was paid to the Board in accordance with Part VII. or Part VIII. of this Act; and

(b) the period of employment during which the person was a contributor to the Superannuation Fund under this Act that immediately followed the period of the first-mentioned employment was a period of eligible employment.

“(6.) A reference in paragraph (b), (c) or (d) of sub-section (1.) of this section to a period of employment of a person does not include a reference to a period of employment in relation to which a preceding paragraph of that sub-section applies.

Public employment

“119q.—(1.) The Treasurer may, by instrument under his hand published in the Gazette, declare employment, whether within or outside Australia, by a person, or by persons included in a class of persons, specified in the instrument to be public employment for the purposes of this Division.

“(2.) A declaration under the last preceding sub-section shall come into force on the day on which the instrument of declaration is published in the Gazette or, if an earlier day (not being earlier than the first day of January, One thousand nine hundred and seventy) is specified in the instrument as the day on which the declaration is to be deemed to have come into force, shall be deemed to have come into force on that earlier day.

“(3.) A person shall be taken, for the purposes of this Division, to have been employed in public employment at a particular time if, and only if, the employer by whom he was employed at that time was a person, or was a person included in a class of persons, specified in a declaration by the Treasurer under this section that was, or is to be deemed to have been, in force at that time.

“(4.) A declaration may be made under sub-section (1.) of this section specifying employment by the Government of the United Kingdom of Great Britain and Northern Ireland or by a body corporate established for a public purpose by a law in force in the United Kingdom of Great Britain and Northern Ireland to be public employment for the purposes of this Division, but a person shall not be taken, for the purposes of this Division, to have been employed in public employment by reason of his having been employed in employment by that Government or by such a body unless his salary, immediately before he ceased to be a contributor to the Fund or to the Provident Account, or, if he ceased on more than one occasion to be such a contributor, immediately before he last so ceased, was fixed and payable in sterling.

“(5.) Where any public employment in which a person is employed terminates and, within three months after the date of the termination, he again becomes employed in public employment, he shall, for the purposes of this Division, be deemed not to have ceased, by reason of the termination, to be employed in public employment but, in ascertaining the period in which he has been employed in public employment, any period between the termination of a period in which he was employed in public employment and the commencement of a further period in which he was employed in public employment shall not be treated as itself being a period in which he was employed in public employment.

Eligible superannuation schemes.

“119r.—(1.) The Treasurer may, by instrument under his hand published in the Gazette, declare a superannuation scheme specified in the instrument to be an eligible superannuation scheme for the purposes of this Division.

“(2.) A declaration under the last preceding sub-section shall come into force on the day on which the instrument of declaration is published in the Gazette or, if an earlier day (not being earlier than the first day of January, One thousand nine hundred and seventy) is specified in the instrument as the day on which the declaration is to be deemed to have come into force, shall be deemed to have come into force on that earlier day.

“(3.) A person shall be taken, for the purposes of this Division, to have been a member of an eligible superannuation scheme at a particular time if, and only if, he was at that time a member of a superannuation scheme in respect of which a declaration by the Treasurer under this section was, or is to be deemed to have been, in force at that time.

Transfer value.

“119s.—(1.) A reference in this Division to a transfer value payable in accordance with this Division to or in respect of a person who has ceased to be a contributor to the Fund or to the Provident Account is a reference to such amount as is determined by the Board to be the value of the rights of the person under this Act as at the time immediately before he ceased to be such a contributor.

“(2.) In furnishing advice to the Board in relation to the determination of the value of the rights of a person under this Act as at the time immediately before he ceased to be a contributor to the Fund or to the Provident Account, an actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including—

(a) the contributions to the Fund or to the Provident Account made by the person;

(b) in the case of a person who was a contributor to the Fund, the payments to the Fund that would have been made by the Commonwealth if—

(i) on each occasion on which the person was required to pay an amount of contributions to the Fund in respect of units of pension (other than reserve units of pension), the Commonwealth had paid to the Fund an amount equal to two and one-half times the amount that the person was so required to pay; and

(ii) on each occasion on which the person would have been required to pay an amount of contributions to the Fund in respect of units of pension (if any) that were applicable in relation to him as non-contributory units of pension if he had been making contributions for those units of pension based upon a retiring age of sixty-five years, the Commonwealth had paid to the Fund an amount equal to two and one-half times the amount that the person would have been so required to pay;

(c) in the case of a person who was a contributor to the Provident Account, the payments to the Provident Account that would have been made by the Commonwealth if, on each occasion on which the person was required to pay an amount of contributions to the Provident Account, the Commonwealth had paid to the Provident Account an amount equal to twice the amount that the person was so required to pay;

(d) any amounts paid to the Board in accordance with sub-section (1.) of section one hundred and nineteen j of this Act in respect of the person;

(e) in the case of a person who was a contributor to the Fund, the amount of the liability of the Fund in respect of the person from time to time during the period throughout which he was a contributor to the Fund, having regard, in addition to any other relevant matters, to—

(i) the age of the person at the date on which he became such a contributor;

(ii) whether the person made an election under section twenty-four of this Act; and

(iii) the respective rates of mortality, invalidity and withdrawal from the Fund that are assumed, for the purposes of the advice, to apply in relation to the class of contributors to the Fund in which the person was included;

(ƒ) the rates of interest that it is assumed, for the purposes of the advice, have been earned by the assets of the Fund;

(g) the state and sufficiency of the Fund at the date on which the person ceased to be a contributor to the Fund or to the Provident Account; and

(h) the value of any benefit that, but for this Division, would be payable to or in respect of the person under this Act by reason of his having ceased to be a contributor to the Fund or to the Provident Account.

“(3.) A transfer value payable in accordance with this Division to or in respect of a person is payable—

(a) in the case of a person who was a contributor to the Fund—out of the Fund; and

(b) in the case of a person who was a contributor to the Provident Account—out of the Provident Account.

“(4.) Where a transfer value becomes payable in accordance with this Division to or in respect of a person who has ceased to be a contributor to the Fund and to whom section thirty-five a of this Act applied, and—

(a) at the time when he ceased to be a contributor to the Fund, he had not ceased to be a member as defined by sub-section (1.) of section four of the Defence Forces Retirement Benefits Act 1948–1971; or

(b) at the time when the transfer value becomes payable, a transfer value also becomes payable in respect of him under Division 3 of Part VIc. of that Act,

then, any period during which his liability to make contributions to the Fund was deferred under section thirty-five a of this Act shall be disregarded in determining the first-mentioned transfer value and he is not required or permitted to pay the amount of the deferred contributions to the Fund.

Deferred benefits.

“119t.—(1.) The deferred benefits applicable under this Division in respect of a person who has ceased to be a contributor to the Fund or to the Provident Account shall, subject to this Division, be benefits of the same nature, and payable in the same circumstances, on the same conditions and, upon his death, to the same persons (if any), as the benefits that would have been payable to or in respect of the person under this Act if he had not ceased to be such a contributor and had not made the election by virtue of which the deferred benefits became applicable.

“(2.) Deferred benefits applicable in respect of a person are payable—

(a) in the case of a person who was a contributor to the Fund—out of the Fund; and

(b) in the case of a person who was a contributor to the Provident Account—out of the Provident Account.

“(3.) Subject to sub-sections (5.) and (6.) of this section, the amount of any pension or lump sum constituting or forming part of any deferred benefits shall be as determined by the Board.

“(4.) In furnishing advice to the Board in relation to the determination of the amount of a pension or lump sum constituting or forming part of any deferred benefits applicable in respect of a person, an actuary shall have regard to actuarial principles and practice and shall take into account all relevant matters, including—

(a) the matters that he would be required to take into account by virtue of sub-section (2.) of the last preceding section if he were furnishing advice to the Board in relation to a determination of the value of the rights of the person under this Act as at the time immediately before he ceased to be a contributor to the Fund or to the Provident Account;

(b) the circumstances in which, and the conditions on which, the pension or lump sum would be payable;

(c) the circumstances in which the deferred benefits would cease to be applicable in respect of the person and the amount of any benefit that would be payable to or in respect of the person in the event of the occurrence of those circumstances;

(d) the respective rates of mortality and invalidity that are assumed, for the purposes of the advice, to apply in relation to the person; and

(e) the rates of interest that it is assumed, for the purposes of the advice, will be earned by the assets of the Fund.

“(5.) Where a deferred benefit by way of a pension that is applicable in respect of a person who has made an election under section twenty-four of this Act becomes payable not earlier than one month after the person attains the age of sixty years, so much of the pension as is attributable to units of pension the contributions for which were at a rate based on a maximum age for retirement of sixty years shall be increased by the amount by which it would have been increased under section forty-four of this Act if the pension had been payable under the provisions of this Act other than this Part.

“(6.) Where, by reason of the giving of a notice by a person under paragraph (c) of sub-section (2.) of section one hundred and nineteen w of this Act, a deferred benefit by way of a pension becomes payable to the person after he attains the age of sixty years but before he attains the age of sixty-five years—

(a) if the person is not a person to whom such a pension had previously been paid by reason of the Board having been satisfied that he had ceased to engage in employment by reason of invalidity or of physical or mental incapacity to perform the duties of his employment and is a person who had, before the deferred benefit became payable, elected to receive, in lieu of the pension that would otherwise constitute the benefit, a refund of his contributions —the benefit shall consist of such a refund; or

(b) in any other case—

(i) subject to the next succeeding sub-paragraph, the amount of the pension, to the extent (if any) to which it is attributable to units of pension the contributions for which were at a rate based upon a maximum age for retirement of sixty-five years and to non-contributory units of pension, shall be reduced by such amount as the Board determines; or

(ii) he may contribute to the Fund in a lump sum, or in such smaller sums and at such times as the Board approves, such amount as the Board considers necessary to enable payment to him, in respect of so much of the pension as is attributable to units of pension contributions for which were at a rate based upon a maximum age for retirement of sixty-five years and to non-contributory units of pension, of the pension that would have been paid to him if he had attained such later age (not exceeding the age of sixty-five years) as the Board approves.

“(7.) Amounts equal to amounts contributed under sub-paragraph (ii) of paragraph (b) of the last preceding sub-section in respect of so much of a pension as is attributable to non-contributory units of pension are payable to the Commonwealth out of the Fund.

“(8.) Where a deferred benefit becomes applicable in accordance with this Division in respect of a person who has ceased to be a contributor to the Fund and to whom section thirty-five a of this Act applied, and—

(a) at the time when he ceased to be a contributor to the Fund he had not ceased to be a member as defined by sub-section (1.) of section four of the Defence Forces Retirement Benefits Act 1948–1971; or

(b) at the time when the deferred benefit becomes applicable, a deferred benefit also becomes applicable in respect of him under that Act,

then, any period during which his liability to make contributions to the Fund was deferred under section thirty-five a of this Act shall be disregarded in determining the amount of the first-mentioned deferred benefit and he is not required or permitted to pay the amount of the deferred contributions to the Fund.

Election that Division apply.

“119u.—(1.) Subject to this section, where, after the commencement of this section—

(a) a contributor to the Fund who has not attained the age of sixty years ceases to be such a contributor by reason of his resignation or discharge; or

(b) a contributor to the Provident Account ceases to be such a contributor—

(i) by reason of his resignation or discharge before he attains the age of sixty years; or

(ii) by reason of his being allowed by the Board to contribute to the Fund under Part III. of this Act,

he may, within twenty-one days after he ceases to be such a contributor, elect that this Division shall apply in relation to him.

“(2.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election under the last preceding sub-section.

“(3.) If a person makes an election for the purposes of this section within one month before he ceases to be a contributor to the Fund or to the Provident Account, the election has effect as if it had been made on the day after he ceased to be such a contributor.

“(4.) Subject to the next succeeding sub-section, an election under this section (other than an election that the person became entitled to make by reason of the operation of sub-paragraph (ii) of paragraph (b) of sub-section (1.) of this section) is of no effect unless the person who made the election gives notice in writing to the Board within twenty-one days, or within such longer period as the Board allows, after the expiration of the period that is the prescribed period in relation to him—

(a) stating whether he was employed at the expiration of that prescribed period and, if so, the name and address of his employer; and

(b) stating whether he was at the expiration of that prescribed period a member of a superannuation scheme applicable in relation to that employment and, if so, specifying the scheme concerned.

“(5.) The last preceding sub-section does not apply if the person who made the election dies before the expiration of the period for the giving of a notice by him under that sub-section and without having given such a notice.

“(6.) Where a person who is entitled to make an election under this section dies within the period referred to in sub-section (1.) of this section, or within any period for which that period has been extended under sub-section (2.) of this section, without making such an election—

(a) if the person leaves a widow or widower—the widow or widower may make such an election within twenty-one days after the date of the death of the person; or

(b) if the person does not leave a widow or widower, or the widow or widower dies within the period referred to in the last preceding paragraph without making such an election, but the person leaves an eligible child or eligible children—such an election may be made within that period by such person as the Board permits,

and, in that case, this Act has effect as if the election had been made by the first-mentioned person but sub-section (4.) of this section does not apply.

“(7.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period referred to in paragraph (a) or paragraph (b) of the last preceding sub-section.

“(8.) A reference in this section to the widower of a deceased person is a reference to a widower who, in the opinion of the Board, was wholly or substantially dependent upon the deceased person immediately before her death.

Circumstances in which transfer value payable.

“119v.—(1.) Subject to this Division, where—

(a) a person makes an election under the last preceding section; and

(b) within the period that is the prescribed period in relation to him, he—

(i) becomes employed in public employment; and

(ii) becomes a member of an eligible superannuation scheme that is applicable in relation to persons employed in that employment,

a transfer value in respect of the person is payable to the person administering that scheme.

“(2.) Where the person who made the election is a person who ceased to be a contributor to the Provident Account by reason of his having been allowed by the Board to contribute to the Fund under Part III. of this Act, the transfer value referred to in the last preceding sub-section is payable to the Fund.

“(3.) Sub-section (1.) of this section does not apply in relation to a person unless the person administering the superannuation scheme agrees to accept the transfer value and, under the rules of the scheme, the first-mentioned person will become entitled to retirement benefits under the scheme based upon the transfer value.

Circumstances in which person entitled to deferred benefits.

“119w.—(1.) Where a person makes an election under section one hundred and nineteen u of this Act 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 the last preceding section; 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 one hundred and nineteen zb of this Act, 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 age of sixty years 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 age of sixty years 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 the last preceding sub-section 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 age of sixty years and, at the date when he attained that age, he was employed in public employment.

“(4.) For the purposes of the last two preceding sub-sections, 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 the next two succeeding sub-sections, where a person in relation to whom paragraph (a) of sub-section (1.) of this section 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 age of sixty years and the deferred benefits applicable in respect of him have not become payable under sub-section (2.) of this section, then—

(a) if a deferred benefit by way of a pension has previously been paid to him by reason of paragraph (a) of sub-section (2.) of this section—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 one hundred and nineteen u of this Act had not been made.

“(7.) The last preceding sub-section 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 eighty-five of this Act to a person to whom paragraph (b) of sub-section (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.

Person who is entitled to rights under this Division not entitled to rights under other provisions of this Act

“119x.—(1.) Subject to paragraph (b) of sub-section (6.) of the last preceding section, where either of the last two preceding sections applies in relation to a person, any benefit that, but for this Division, would be payable to or in respect of the person under this Act by reason of his resignation or discharge is not payable except where that benefit is payable by virtue of the operation of this Division.

“(2.) Where—

(a) a payment has been made under section fifty-one or section eighty-five of this Act to a person who has ceased to be a contributor to the Fund or to the Provident Account; and

(b) after the payment was made, the person makes an election under section one hundred and nineteen u of this Act,

the election does not have any effect unless an amount equal to the amount of the payment is paid to the Fund or to the Provident Account, as the case may be, within seven days after the date of the election or within such further period as the Board in special circumstances allows.

Certain former contributors not entitled to benefits under this Division.

“119y.—(1.) Where a person (other than a person who, at the time when he ceased to be a contributor to the Fund or to the Provident Account, had completed twenty years’ eligible employment) who has made an election under section one hundred and nineteen u of this Act (not being an election that the person became entitled to make by reason of the operation of sub-paragraph (ii) of paragraph (b) of sub-section (1.) of that section) is not employed in public employment at the expiration of the period that is the prescribed period in relation to him, then, unless—

(a) the sum of the periods of eligible employment in which he has been employed and the period of public employment (if any) in which he was employed during that prescribed period was not less than twenty years;

(b) he died or attained the age of sixty years within that prescribed period at a time when he was employed in public employment; or

(c) the Board is satisfied that—

(i) he ceased within that prescribed period, by reason of invalidity or physical or mental incapacity, to be employed in public employment; and

(ii) that invalidity or incapacity rendered him incapable (otherwise than temporarily) of performing duties that are of a kind suitable to be performed by him having regard to the duties performed by him in 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,

this Act has effect as if the election had not been made.

“(2.) Where—

(a) a person who ceases to be a contributor to the Fund or to the Provident Account is, at the expiration of the period that is the prescribed period in relation to him, employed in public employment in respect of which a superannuation scheme (other than an eligible superannuation scheme) is applicable and is, at the expiration of that period, a member of that scheme;

(b) the person has made an election under section one hundred and nineteen u of this Act; and

(c) if a payment were made to him under section fifty-one or section eighty-five of this Act, he would, under the rules of the superannuation scheme applicable in respect of that employment, be entitled to pay the amount of the payment to the person administering that scheme in exchange for benefits under that scheme,

this Act has effect as if the election had not been made.

Contributor who resigned to contest an election.

“119z. Where a person who has made an election under section one hundred and nineteen u of this Act is, by virtue of section fifty-two or section eighty-eight of this Act, to be deemed not to have ceased to be a contributor to the Fund or to the Provident Account, as the case may be, this Act has effect as if the election had not been made.

Invalid pensioner restored to health.

“119za.—(1.) Where a deferred benefit by way of a pension is payable to a person by reason that the Board is satisfied as to the matters referred to in paragraph (a) of sub-section (2.) of section one hundred and nineteen w of this Act—

(a) if the pension is suspended under section sixty-four a of this Act—the deferred benefit does not cease to be applicable in relation to him by reason only of the suspension of the pension and the suspension ceases to have effect if the deferred benefit becomes payable under paragraph (b), (c) or (d) of sub-section (2.) of section one hundred and nineteen w of this Act; and

(b) section sixty-five of this Act does not apply in relation to the person but the next succeeding sub-section has effect in relation to him.

“(2.) If the Board is satisfied that the health of the person has become so restored as to enable him to perform duties of a kind suitable to be performed by him, having regard to the duties performed by him immediately before he ceased to be a contributor to the Fund and the duties performed by him in employment (if any) in which he was employed

after he ceased to be such a contributor, the Board may cancel his pension but the deferred benefit does not cease to be applicable in relation to him by reason only of the cancellation of the pension.

“(3.) The pension payable to a person shall not be cancelled under the last preceding sub-section if—

(a) in the case of a person who is not a contributor for a unit or units of pension based upon a retiring age of sixty-five years and is not a contributor in relation to whom any non-contributory units are applicable—the person has attained the age of sixty years; or

(b) in any other case—the person has attained the age of sixty-five years.

Person entitled to deferred benefits becoming a contributor.

“119zb. If a person to whom section one hundred and nineteen w of this Act applies becomes a contributor to the Fund or to the Provident Account, the deferred benefits applicable in respect of him shall not become, or be, payable while he is such a contributor.

Special provisions affecting former contributors under certain superannuation schemes.

“Miscellaneous.Division 4.—

“119zc.—(1.) Where—

(a) a person who becomes an employee after the commencement of this section was, at any time before becoming an employee, a member of—

(i) a superannuation scheme conducted in accordance with the system established in the United Kingdom of Great Britain and Northern Ireland and known as the Federated Superannuation System for Universities; or

(ii) a superannuation scheme that was, or is to be deemed to have been, an approved superannuation scheme for the purposes of this section at the time when he became an employee;

(b) by virtue of sub-section (3.) of section one hundred and nineteen d of this Act, a transfer value is to be deemed for the purposes of Division 2 of this Part to have become payable in respect of him after the commencement of this section under that superannuation scheme by reason of his having the legal title to a life policy or life policies of a kind referred to in that sub-section or by reason of his being entitled to have the legal title to such a policy or policies assigned to him; and

(c) he has elected in accordance with paragraph (b) of sub-section (1.) of section one hundred and nineteen j of this Act to pay to the Board an amount equal to the amount of that transfer value,

the succeeding provisions of this section have effect.

“(2.) The person may, within the period within which he was entitled to make an election under paragraph (b) of sub-section (1.) of section one hundred and nineteen j of this Act, elect that this section shall have

effect in relation to him and, where an election is so made, section one hundred and nineteen j of this Act has effect as if the amount referred to in paragraph (c) of sub-section (1.) of that section, or, if part only of that amount relates to the transfer value referred to in the last preceding sub-section, that part of that amount, had been paid to the Board in accordance with that paragraph and the Board had made the payments referred to in paragraph (a) of sub-section (3.), and sub-sections (7.) and (8.), of that section in relation to that amount or that part of that amount, as the case may be.

“(3.) An election under the last preceding sub-section does not have effect unless the person causes to be assigned to the Board, within the period referred to in that sub-section, the life policy or life policies referred to in paragraph (b) of sub-section (1.) of this section free from any mortgages, charges or other encumbrances.

“(4.) If—

(a) the salary of the person upon his becoming an employee was greater than the annual remuneration that was payable to him in respect of the last employment in which he was employed and to which a superannuation scheme referred to in sub-section (1.) of this section related; or

(b) after the person became an employee his salary is increased,

the Board shall so far as is practicable arrange for the amount or amounts of any life policy or life policies assigned to the Board by the person to be increased by the amount or amounts by which the life policy or life policies would have been increased under that scheme, or for the issue of such additional life policy or life policies in relation to the person as would have been issued under that scheme, if he had remained a member of the scheme and had been in receipt of an annual remuneration equal to that salary or that increased salary, as the case may be.

“(5.) Subject to sub-section (14.) of this section, so much of any premium payable in respect of any life policy assigned to the Board in accordance with sub-section (3.) of this section or issued in accordance with the last preceding sub-section as relates to a period during which the person is an employee shall be paid by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.

“(6.) Where the person is a contributor to the Fund and the amount of the fortnightly contributions payable by him to the Fund at any time is less than the amount that is the prescribed amount in relation to him at that time, he is liable to pay to the Commonwealth an amount equal to the difference.

“(7.) Where the person (in this sub-section referred to as ‘the former contributor’) makes an election under sub-section (1.) of section one hundred and nineteen u of this Act and, within the period that is the prescribed period in relation to him for the purposes of Division 3

of this Part, he becomes employed in employment in respect of which a superannuation scheme referred to in paragraph (a) of sub-section (1.) of this section is applicable and becomes a member of that scheme, then—

(a) subject to paragraph (c) of this sub-section, Division 3 of this Part has effect in relation to him as if that employment were public employment and that superannuation scheme were an eligible superannuation scheme;

(b) the Board shall assign to the person administering that superannuation scheme the life policies assigned by the former contributor to the Board in accordance with sub-section (3.) of this section or issued in relation to the former contributor in accordance with sub-section (4.) of this section;

(c) the assignment of those life policies in accordance with the last preceding paragraph shall be deemed to constitute the payment of a transfer value in respect of the former contributor in accordance with section one hundred and nineteen v of this Act to the person administering that scheme; and

(d) the Board shall—

(i) if the amount of any fortnightly contribution paid by the former contributor to the Fund or to the Provident Account exceeded the amount that was the prescribed amount in relation to him at the time of the payment—pay to him out of the Fund or the Provident Account, as the case may be, an amount equal to the amount of the excess; and

(ii) pay to the Commonwealth out of the Fund or the Provident Account, as the case may be, an amount equal to the amount that, but for this Part, would have been payable to the former contributor under section fifty-one or section eighty-five of this Act less any amounts paid to him under the last preceding sub-paragraph.

“(8.) If the life policy or life policies assigned by the person to the Board in accordance with sub-section (3.) of this section or issued in relation to him in accordance with sub-section (4.) of this section becomes or become payable at or before the time when he ceased to be a contributor to the Fund or to the Provident Account—

(a) the Board shall, out of the amount paid to it under the policy or policies—

(i) pay to the Fund or to the Provident Account an amount equal to the amount that, but for sub-section (2.) of this section, would have been paid by the Board to the Fund or to the Provident Account, as the case may be, under paragraph (a) of sub-section (3.), or under paragraph (a) of sub-section (7.), of section one hundred and nineteen j

of this Act together with compound interest on that amount, in respect of the period that commenced on the date on which the person made an election in accordance with paragraph (b) of sub-section (1.) of section one hundred and nineteen j of this Act and ended on the date on which the life policy or life policies became payable, at the rate or rates applicable under sub-section (3.) of section ninety of this Act;

(ii) in the case of a policy or policies assigned by the person to the Board in accordance with sub-section (3.) of this section—pay to the person, or, if he is dead, to his legal personal representative, an amount equal to so much of any premiums paid by the person in respect of the policy or policies as related to, or to any part of, the period that commenced on the date on which the transfer value referred to in paragraph (b) of sub-section (1.) of this section is to be deemed for the purposes of Division 2 of this Part to have become payable in respect of him and ended on the date on which he became an employee; and

(iii) pay the balance to the Commonwealth; and

(b) the Commonwealth shall pay to the person, or, if he is dead, to his legal personal representative, an amount equal to the sum of any amounts paid by the person to the Commonwealth under sub-section (6.) of this section.

“(9.) Where the person attains the age of sixty years while he is a contributor to the Fund or to the Provident Account, or ceases to be such a contributor before be attains that age, and neither of the last two preceding sub-sections applies in relation to him, then, if the election made by the person under sub-section (2.) of this section has not been revoked in accordance with the next succeeding sub-section—

(a) the Board shall surrender the life policy or life policies assigned by him to the Board in accordance with sub-section (3.) of this section or issued in relation to him in accordance with sub-section (4.) of this section and, out of the proceeds of the surrender, shall—

(i) pay to the Fund or to the Provident Account an amount equal to the amount that, but for sub-section (2.) of this section, would have been paid by the Board to the Fund or to the Provident Account, as the case may be, under paragraph (a) of sub-section (3.), or under paragraph (a) of sub-section (7.), of section one hundred and nineteen j of this Act together with compound interest on that amount, in respect of the period that commenced on the date on which the person made an election in accordance with paragraph (b) of sub-section (1.) of section one hundred and nineteen j of this Act and ended on the date as at which the surrender value or surrender values of the life policy or life policies was or were calculated, at the

rate or rates applicable under sub-section (3.) of section ninety of this Act;

(ii) in the case of a policy or policies assigned by the person to the Board in accordance with sub-section (3.) of this section—pay to the person an amount equal to so much of any premiums paid by the person in respect of the policy or policies as related to, or to any part of, the period that commenced on the date on which the transfer value referred to in paragraph (b) of sub-section (1.) of this section is to be deemed for the purposes of Division 2 of this Part to have become payable in respect of him and ended on the date on which he became an employee; and

(iii) pay the balance to the Commonwealth; and

(b) the Commonwealth shall pay to the person an amount equal to the sum of any amounts paid by him to the Commonwealth under sub-section (6.) of this section.

“(10.) A person who has made an election under sub-section (2.) of this section may, if—

(a) he has not attained the age of sixty years;

(b) he has not ceased to be a contributor to the Fund or to the Provident Account; and

(c) the life policy or life policies assigned by him to the Board in accordance with sub-section (3.) of this section or issued in relation to him in accordance with sub-section (4.) of this section has not or have not become payable,

by notice in writing to the Board revoke the election and, in that case, paragraphs (a) and (b) of the last preceding sub-section have effect in relation to him.

“(11.) The Treasurer may, by instrument under his hand published in the Gazette, declare a superannuation scheme, being a scheme under which benefits are provided for by means of life policies, to be an approved superannuation scheme for the purposes of this section.

“(12.) A declaration under the last preceding sub-section shall come into force on the day on which the instrument of declaration is published in the Gazette or, if an earlier day (not being earlier than the first day of January, One thousand nine hundred and seventy) is specified in the instrument as the day on which the declaration is to be deemed to have come into force, shall be deemed to have come into force on that earlier day.

“(13.) A superannuation scheme shall be taken, for the purposes of this section, to have been an approved superannuation scheme at a particular time if a declaration by the Treasurer under sub-section (11.) of this section in respect of that scheme was, or is to be deemed to have been, in force at that time.

“(14.) In the application of this section in relation to a person who is employed by an approved authority—

(a) sub-section (5.) of this section does not apply but the premiums referred to in that sub-section shall be paid by that approved authority, which may apply, for the purpose of making the payments, any moneys under its control; and

(b) a reference in any other provision of this section to the Commonwealth shall be read as a reference to that approved authority.

“(15.) In this section—

‘salary’ has the same meaning as in Part III. of this Act; and

‘the prescribed amount’, in relation to a person in relation to any time, is an amount ascertained in accordance with the formula where—

a is the amount of the annual premium, or the sum of the amounts of the annual premiums, applicable at that time under the life policy or life policies assigned by him to the Board in accordance with sub-section (3.) of this section or issued in relation to him in accordance with sub-section (4.) of this section;

b is the amount, or the sum of the amounts, payable by him under the superannuation scheme referred to in sub-section (4.) of this section immediately before he ceased to be a member of that scheme in respect of the annual premium or the annual premiums under the life policy or life policies assigned by him to the Board in accordance with sub-section (3.) of this section;

c is the amount of the annual premium, or the sum of the amounts of the annual premiums, applicable under the life policy or life policies assigned by him to the Board in accordance with sub-section (3.) of this section immediately before he ceased to be a member of the superannuation scheme referred to in sub-section (4.) of this section.

Special provisions in relation to persons to whom section 7 applies.

“119zd.—(1.) This section applies to a person with whom an arrangement made by the Commonwealth or an approved authority is in force under section seven of this Act.

“(2.) If, after the commencement of this section, a person to whom this section applies becomes an employee and a contributor to the Fund or to the Provident Account—

(a) sub-section (2a.) of section seven of this Act has effect subject to the succeeding provisions of this section; and

(b) sub-section (3.) of section one hundred and nineteen d, and paragraph (a) of sub-section (1.) of section one hundred and nineteen h, of this Act have effect in relation to him as if—

(i) the arrangement constituted a superannuation scheme;

(ii) his employment by the Commonwealth or the authority had terminated immediately before he became an employee; and

(iii) he was entitled to have assigned to him the legal title to any life policies that had been assigned to the Commonwealth or the authority in pursuance of the arrangement.

“(3.) Subject to this section, the Commonwealth or the authority is not required to assign the life policies to the person before the expiration of the period within which he was entitled to make an election in accordance with paragraph (b) of sub-section (1.) of section one hundred and nineteen j of this Act.

“(4.) If the person makes an election in accordance with paragraph (b) of sub-section (1.) of section one hundred and nineteen j of this Act, the succeeding provisions of this section have effect.

“(5.) If the person does not make an election in accordance with sub-section (2.) of the last preceding section—

(a) the Commonwealth or the authority shall surrender the life policy or life policies and, out of the proceeds of the surrender, shall—

(i) pay to the Board an amount equal to the surrender value of the policy, or the sum of the surrender values of the policies, calculated as at the date immediately before the person became an employee; and

(ii) pay the balance (if any) to the person; and

(b) the amount so paid to the Board shall be deemed to have been paid to the Board by the person under sub-section (1.) of section one hundred and nineteen j of this Act.

“(6.) If the person makes an election in accordance with sub-section (2.) of the last preceding section—

(a) the Commonwealth or the authority shall assign the life policy or life policies to the Board;

(b) the assignment shall be deemed to constitute an assignment of the policy or policies to the Board by the person in accordance with sub-section (3.) of the last preceding section; and

(c) the person is not liable to pay any amount to the Commonwealth or the authority under sub-section (2a.) of section seven of this Act.

Payments by Commonwealth.

“119ze.—(1.) Subject to this section, section thirty-three of this Act applies in relation to a payment of a transfer value under section one hundred and nineteen v of this Act in respect of a person who has been a contributor to the Fund as if that payment were a payment of pension.

“(2.) In the application of section thirty-three of this Act in relation to payment of a deferred benefit, the reference in sub-section (7.) to Two hundred and eight dollars shall be read as a reference to such amount as the Board determines.

“(3.) Where the Commonwealth is required to make a payment by reason of section thirty-three of this Act in respect of a payment of a deferred benefit, sections ninety-nine and one hundred and six, and sub-section (3.) of section one hundred and nineteen, of this Act apply in relation to that payment by the Commonwealth.

“(4.) Subject to the succeeding provisions of this section, where a payment is made of a transfer value under section one hundred and nineteen v, or of a deferred benefit under section one hundred and nineteen w, of this Act in respect of a person who has been a contributor to the Provident Account, the Commonwealth shall pay to the Provident Account an amount equal to two-thirds of the payment.

“(5.) The amount by which a deferred benefit by way of a pension is increased in pursuance of sub-section (5.) of section one hundred and nineteen t of this Act is payable from the Fund without contribution by the Commonwealth.

“(6.) Where—

(a) an amount has been paid to the Fund or to the Provident Account under Division 2 of this Part in respect of a person; and

(b) a benefit is subsequently paid under this Act to or in respect of the person, being a benefit consisting of—

(i) a fortnightly instalment of a pension (including a pension constituting or forming part of any deferred benefits referred to in section one hundred and nineteen w of this Act);

(ii) a sum referred to in section eighty-two or section eighty-three of this Act (including a sum constituting a deferred benefit referred to in section one hundred and nineteen w of this Act); or

(iii) a transfer value referred to in section one hundred and nineteen v of this Act,

sections thirty-three and ninety-two of this Act and the preceding provisions of this section do not apply in relation to the payment of that benefit but the Commonwealth shall pay to the Fund or to the Provident Account, as the case may be, an amount equal to so much of the amount of that benefit as the Board determines.”.

21. Section 149 of the Principal Act is amended by omitting from sub-section (1.) the words “sub-section (4.) or (5.) of section four, under section four a, or under sub-section (2.) of section one hundred and eleven, of”.

Persons who became employees on or after 1 January 1970 and before commencement of Act.

22.—(1.) A person who became an employee on or after the first day of January, One thousand nine hundred and seventy, and before the commencement of this Act may, within three months after the commencement of this Act, elect that the amendments made by this Act shall have effect in relation to him and, where an election is so made, the Superannuation Act 1922–1971 applies in relation to him, subject to this section, as if the amendments made by this Act had come into operation on the first day of January, One thousand nine hundred and seventy.

(2.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election under the last preceding sub-section.

(3.) An election under Defence Forces Retirement Benefits Act 1948–1971 by a person to whom sub-section (1.) of section 9 of the Defence Forces Retirement Benefits Act 1971 applies also has effect, in relation to a person to whom sub-section (1.) of this section applies, as an election duly made by that person under sub-section (1.) of this section.section 82z of the

(4.) In the application of Superannuation Act 1922–1971 in relation to a person who has made an election under sub-section (1.) of this section, the reference in sub-section (3.) of section 111 of that Act to the commencement of the Superannuation Act 1971 shall be read as a reference to the thirty-first day of December, One thousand nine hundred and sixty-nine.Part IX. of the

(5.) In the application of Superannuation Act 1922–1971 in relation to a person who has made an election under sub-section (1.) of this section, the references in sub-section (1.) of section 119g, and in paragraph (b) of sub-section (1.) of section 119j, of that Act to the date on which he became an employee shall be read as references to the date on which he made the election.Division 2 of Part Xa. of the

(6.) Where a person who is entitled to make an election under this section dies within the period of three months referred to in sub-section (1.) of this section, or within any period for which that period has been extended under sub-section (2.) of this section, without making such an election, or a person who died before the commencement of this Act would, if he had not died, have been entitled to make such an election—

(a) if the person leaves a widow or widower—the widow or widower may make such an election within twenty-one days after the date of the death of the person or the date of commencement of this Act, whichever is the later; or

(b) if the person does not leave a widow or widower, or the widow or widower dies within the period referred to in the last preceding paragraph without making such an election, but the person leaves an eligible child or eligible children—such an election may be made within that period by such person as the Board permits,

and, in that case, sub-section (1.) of this section has effect as if the election had been made by the first-mentioned person.

(7.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period referred to in paragraph (a) or paragraph (b) of the last preceding sub-section.

(8.) A reference in this section to the widower of a deceased person is a reference to a widower who, in the opinion of the Board, was wholly or substantially dependent upon the deceased person immediately before her death.

Persons who ceased to be contributors on or after 1 January 1970 and before commencement of Act.

23.—(1.) Where, on or after the first day of January, One thousand nine hundred and seventy, and before the commencement of this Act—

(a) a contributor to the Fund who had not attained the age of sixty years ceased to be such a contributor by reason of his resignation or discharge; or

(b) a contributor to the Provident Account ceased to be such a contributor—

(i) by reason of his resignation or discharge before he attains the age of sixty years; or

(ii) by reason of his being allowed by the Board to contribute to the Fund under Part III. of this Act,

then, subject to this section, the Superannuation Act 1922–1971 applies in relation to him as if the amendments made by this Act had come into operation immediately before he ceased to be such a contributor.

(2.) Notwithstanding the last preceding sub-section, Superannuation Act 1922–1971 does not apply in relation to a person to whom that sub-section applies unless the person elects within twenty-one days after the commencement of this Act that that section shall apply in relation to him.section 53 or 86 of the

(3.) If—

(a) a person makes an election under the last preceding sub-section that section 53 or 86 of the Superannuation Act 1922–1971 shall apply in relation to him; and

(b) a payment has, or payments have, been made to the person under the Principal Act other than under Division 5 of Part III. of that Act,

the election does not have any effect unless an amount equal to the amount of the payment, or the sum of the amounts of the payments, is paid to the Fund or to the Provident Account, as the case may be, within seven days after the date of the election.

(4.) A person to whom sub-section (1.) of this section applies may make an election under Superannuation Act 1922–1971 within twenty-one days after the commencement of this Act.section 119u of the

(5.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election referred to in sub-section (2.) or sub-section (4.) of this section.

(6.) Sub-section (2.) of Superannuation Act 1922–1971 does not apply in relation to a person to whom sub-section (1.) of this section applies.section 119y of the

(7.) For the purposes of the application of Superannuation Act 1922–1971 in relation to a person to whom sub-section (1.) of this section applies, the prescribed period is the period that commenced on the day after he ceased to be a contributor to the Fund or to the Provident Account, as the case may be, and ends at the expiration of three months after the commencement of this Act or at the expiration of the period that would, but for this sub-section, be the prescribed period in relation to him, whichever is the later.Division 3 of Part Xa. of the

(8.) Any period of more than three months occurring after the day on which a person to whom sub-section (1.) of this section applies ceased to be a contributor to the Fund or to the Provident Account, as the case may be, and before the expiration of three months after the commencement of this Act, being a period in which the person was not employed in public employment within the meaning of Superannuation Act 1922–1971, shall, for the purposes of the application of sub-section (5.) of section 119q of that Act in relation to that person, be treated as if it were a period of three months.Division 3 of Part Xa. of the

(9.) Where a person—

(a) to whom sub-section (1.) of this section applies;

(b) who attained the age of sixty years before the commencement of this Act; and

(c) in respect of whom deferred benefits are applicable under Division 3 of Part Xa. of the Superannuation Act 1922–1971,

gives a notice referred to in paragraph (c) of sub-section (2.) of section 119w of that Act within three months after the commencement of this Act, he may, for the purposes of that notice, select a date earlier than the date on which the notice is given but not earlier than the date on which he attained the age of sixty years.

(10.) Where a person who is entitled to make an election under sub-section (1.) of Superannuation Act 1922–1971 as applying by virtue of sub-section (1.) of this section dies within the period referred to in sub-section (4.) of this section, or within any period for which that period has been extended under sub-section (5.) of this section, without making such an election, or a person who died before the commencement of this Act would, if he had not died, have been entitled to make such an election—section 119u of the

(a) if the person leaves a widow or widower—the widow or widower may make such an election within twenty-one days after the date of the death of the person or the date of commencement of this Act, whichever is the later; or

(b) if the person does not leave a widow or widower, or the widow or widower dies within the period referred to in the last preceding

paragraph without making such an election, but the person leaves an eligible child or eligible children—such an election may be made within that period by such person as the Board permits,

and, in that case, the Superannuation Act 1922–1971 has effect as if the election had been made by the first-mentioned person but sub-section (4.) of section 119u of that Act does not apply.

(11.) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period referred to in paragraph (a) or paragraph (b) of the last preceding sub-section.

(12.) A reference in this section to the widower of a deceased person is a reference to a widower who, in the opinion of the Board, was wholly or substantially dependent upon the deceased person immediately before her death.

Reduction of amount of retrospective pension in certain cases.

24.—(1.) Where—

(a) a pension is payable to a person under Part Xa. of the Superannuation Act 1922–1971 as applying by virtue of the last preceding section in respect of a period that occurred after the thirty-first day of December, One thousand nine hundred and sixty-nine, and before the commencement of that Part; and

(b) a pension or benefit that was paid to that person under the Social Services Act 1947–1971 or the Commonwealth Employees’ Compensation Act 1930–1971 in respect of that period would not have been paid, or the amount of that pension or benefit would have been reduced, if the person had been entitled to receive the pension referred to in the last preceding paragraph during the period in respect of which it is payable,

the amount of the pension referred to in paragraph (a) of this sub-section shall be reduced by the amount of the pension or benefit referred to in paragraph (b) of this sub-section or by the amount by which that last-mentioned pension or benefit would have been so reduced, as the case may be.

(2.) Any reduction that is required by the last preceding sub-section to be made in a pension referred to in paragraph (a) of that sub-section shall be made first from the part of that pension that would, but for this section, be payable by the Commonwealth.