Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 22D

             (1)  An election by an employee under section 22A does not have effect, and an election by an employee under section 22C does not have effect and shall be deemed not to have had effect, where:

                     (a)  in a case to which paragraphs (b), (c) and (d) do not apply--the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election is less than his initial unit entitlement;

                     (b)  in the case of an employee to whom section 67 applies--the sum of the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election and the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act is less than his initial unit entitlement;

                     (c)  in the case of an employee to whom section 69 applies or applied--the sum of the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election and the number of units of pension in respect of which his right referred to in section 68 is or was, under section 71 or section 72, commutable for new rights is less than his initial unit entitlement; or

                     (d)  in the case of an employee to whom paragraph (c) or paragraph (e) of subsection (1) of section 119H applies, the sum of:

                              (i)  the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election; and

                             (ii)  so many of the number of units of pension specified in relation to him in a determination by the Board under subparagraph (iii) or (iv) of paragraph (c) of subsection (3) of section 119J or paragraph (b) or (c) of subsection (2) of section 119K as are referable to the pension referred to in paragraph (c), or the deferred benefits referred to in paragraph (e), of subsection (1) of section 119H;

                            is less than his initial unit entitlement.

             (2)  An election by an employee under section 22B does not have effect, and shall be deemed not to have had effect, in relation to a unit of pension where, if it had effect in relation to that unit:

                     (a)  in a case to which paragraphs (b) and (c) do not apply--the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately before the time as from which the election has or had effect less the number of units of pension in respect of which an election by the employee under section 22B has effect would be less than his initial unit entitlement;

                     (b)  in the case of an employee to whom section 67 applies, the sum of:

                              (i)  the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately before the time as from which the election has or had effect less the number of units of pension in respect of which an election by the employee under section 22B has effect; and

                             (ii)  the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act;

                            would be less than his initial unit entitlement; or

                     (c)  in the case of an employee to whom section 69 applies or applied, the sum of:

                              (i)  the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately before the time as from which the election has or had effect less the number of units of pension in respect of which an election by the employee under section 22B has effect; and

                             (ii)  the number of units of pension in respect of which his right referred to in section 68 is or was, under section 71 or section 72, commutable for new rights;

                            would be less than his initial unit entitlement.

             (3)  An election by a pensioner under section 22C does not have effect, and shall be deemed not to have had effect, where:

                     (a)  in a case to which paragraphs (b) and (c) do not apply, the sum of:

                              (i)  the number of units of pension (if any) for which he is a contributor at the time of the election; and

                             (ii)  the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act at that time;

                            is less than his initial unit entitlement;

                     (b)  in the case of a pensioner to whom section 69 applies, the sum of:

                              (i)  the total number of units of pension referred to in subparagraphs (i) and (ii) of paragraph (a) of this subsection; and

                             (ii)  the number of units of pension (other than units of pension so referred to) in respect of which his right referred to in section 68 was, under section 71 or section 72, commutable for new rights;

                            is less than his initial unit entitlement; or

                     (c)  in the case of a pensioner in relation to whom paragraph (c) or paragraph (e) of subsection (1) of section 119H applied, the sum of:

                              (i)  the total number of units of pension referred to in subparagraphs (i) and (ii) of paragraph (a) of this subsection; and

                             (ii)  so many of the number of units of pension specified in relation to him in a determination by the Board under subparagraph (iii) or (iv) of paragraph (c) of subsection (3) of section 119J or paragraph (b) or (c) of subsection (2) of section 119K as are referable to the pension referred to in paragraph (c), or the deferred benefits referred to in paragraph (e), of subsection (1) of section 119H;

                            is less than his initial unit entitlement.

             (4)  A reference in subsections (1), (2) or (3) to the initial unit entitlement of an employee or pensioner:

                     (a)  shall, subject to paragraph (b), be read as a reference to the full unit entitlement of the employee or pensioner as at the time when he became a contributor to the Fund, or, if he became a contributor to the Fund after having previously ceased to be a contributor to the Fund, when he last became a contributor to the Fund; and

                     (b)  shall, in relation to an employee who is contributing to the Fund in accordance with Part VIA or VIIA or a pensioner who was, immediately before becoming a pensioner, so contributing to the Fund, be read as a reference to the number of units of pension for which, but for Parts VIA and XA or Parts VIIA and XA, as the case may be, he would have been liable to contribute to the Fund by virtue of section 20 at the time when he became an employee or, if he became an employee after having previously ceased to be an employee, when he last became an employee.

             (5)  In the case of an employee or pensioner who made an election under section 24 that had the effect of reducing the number of units of pension ascertained in relation to him in accordance with subsection (2) of section 20, his initial unit entitlement shall be ascertained for the purposes of this section as if he had made the election at the time when he became, or last became, a contributor to the Fund.