Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 41A

             (1)  Voluntary termination (however expressed) of service by a contributor who, being entitled to retire on pension, elects not to do so shall, for the purposes of this Act, be deemed to be resignation.

             (2)  Voluntary termination (however expressed) of service by a contributor who is not entitled to retire on pension shall, for the purposes of this Act:

                     (a)  in the case of a contributor who has not attained the age of sixty years or, having attained that age, elects to treat the termination as resignation--be deemed to be resignation; and

                     (b)  in any other case--be deemed to be retirement and, if the contributor has not attained the age of sixty‑five years, be deemed to be the retirement of a contributor the age for whose retirement is fixed by law at an earlier age than sixty‑five years.