Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 26

             (1)  In this section:

                     (a)  references to a contributor are references to a male contributor whose obligation to contribute to the Fund came into existence before 14 December 1959; and

                     (b)  references to a unit of pension include references to a reserve unit of pension and a fraction of a unit of pension.

             (2)  A male contributor who, before 14 December 1959, was credited with one or more fully paid units of pension shall, for the purposes of paragraph (a) of subsection (1), be deemed to be a male contributor whose obligation to contribute to the Fund came into existence before that date.

             (3)  A contributor may, not later than 13 June 1960, elect that this section shall not apply to him.

             (4)  A contributor who does not so elect shall, from and including 14 December 1959, in respect of:

                     (a)  each unit of pension (if any) for which he is contributing at that date;

                     (b)  each unit of pension (if any) in respect of which he has completed his contributions not later than that date; and

                     (c)  each fully paid unit of pension (if any) which has been credited to him as from a date not later than that date;

make such contributions (if any) to the Fund as are specified in the Fifth Schedule.

             (5)  The amount of contribution to be paid by a contributor who has not so elected is:

                     (a)  in respect of:

                              (i)  units of pension in respect of which the obligation to contribute came into existence on or after 14 December 1959, and before 2 July 1962; or

                             (ii)  reserve units of pension for which such a contributor commenced to contribute on or after 14 December 1959, and before 1 July 1962;

                            an amount ascertained in accordance with the rates of contribution specified in Table IX or Table XI in the Third Schedule, as the case requires, reduced by an amount ascertained in accordance with the reductions in contributions specified in Table XIII or Table XV in the Sixth Schedule, as the case requires; and

                     (b)  in respect of:

                              (i)  units of pension in respect of which the obligation to contribute comes into existence on or after 1 July 1962; or

                             (ii)  reserve units of pension for which such a contributor commences to contribute on or after that date;

                            an amount ascertained in accordance with the rates of contribution specified in Table XIII or Table XVI in the Third Schedule, as the case requires.

             (6)  Contributions payable under subsection (4) are in addition to any other contributions payable by the contributor.

             (7)  A contributor who elected under subsection (3) that this section shall not apply to him may, not later than the expiration of six months after the commencement of this subsection, by notice in writing to the Board, revoke the election.

             (8)  A revocation under subsection (7) does not have effect unless the contributor satisfies the Board, within six months after the date of the revocation or within such further period as the Board allows, that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined by subsection (2) of section 147) likely to render him incapable of performing his duties before attaining the maximum age for retirement.

             (9)  An election that is so revoked shall, for the purposes of this Act, be deemed not to have been made.

           (10)  Subsections (4), (5) and (6) do not apply to a contributor who so revokes an election, but such a contributor shall, from and including the date of the revocation:

                     (a)  in respect of each unit of pension (if any) for which he is contributing at that date, make to the Fund:

                              (i)  the contributions that he would, but for the revocation, be liable to make; and

                             (ii)  such additional contributions as the Board determines; and

                     (b)  in respect of:

                              (i)  each unit of pension (if any) in respect of which he has completed his contributions not later than that date; and

                             (ii)  each fully paid unit of pension (if any) that has been credited to him as from a date not later than that date;

                            make such contributions as the Board determines.

           (11)  The amount of contribution to be paid by a contributor who so revokes an election is, in respect of:

                     (a)  units of pension in respect of which the obligation to contribute comes into existence on or after the date of the revocation; or

                     (b)  reserve units of pension for which such a contributor commences to contribute on or after that date;

an amount ascertained in accordance with the rates of contribution specified in Table XIII or Table XVI in the Third Schedule, as the case requires.