Commonwealth Numbered Acts

SUPERANNUATION AMENDMENT ACT 1976 No. 32, 1976 - SECT 8

8. After section 20 of the Principal Act the following sections are inserted:-
Obligation to make additional contributions after 4 February 1976.
''20AA. (1) Subject to sub-section (2) of this section, a contributor is not
eligible, and shall not be required, to contribute for an additional unit of
pension by reason of-

   (a)  an increase in his salary that takes effect after 4 February 1976; or

   (b)  an increase in the prescribed amount that takes effect after that
        date.

''(2) Where-

   (a)  a contributor ceases to be an employee after 4 February 1976 and
        before 1 July 1976, otherwise than by reason of death, and-

        (i)    pension is payable to him;

        (ii)   he makes an election under section 119U of this Act; or

        (iii)  he is entitled to benefit under section 50 of this Act; or

   (b)  a contributor dies after 4 February 1976 and before 1 July 1976 and
        pension is payable in respect of him, sub-section (1) of this section
        does not apply, and shall be deemed not to have applied, to or in
        relation to him.

''(3) For the purposes of sub-section (1) of this section, an increase in the
salary of an employee shall be deemed to take effect as from the date upon
which his salary is increased, or as from the date as from which his salary is
increased, whichever is the later. Elections consequential upon operation of
section 20AA.
''20AB. (1) In this section-

' election to which this section applies' means an election under sub-section
(1) or (2) of section 20A, under sub-section (1) of section 22A, under
sub-section (1) or (2) of section 25, or under subsection (1) of section 31,
of this Act;

' person in respect of whom this section applies' means a person who has
ceased to be an employee and to whom sub-section (1) of section 20AA would
apply but for the operation of sub-section (2) of that section.

''(2) A person in respect of whom this section applies is not disqualified
from making an election to which this section applies by reason that he has
ceased to be an employee if the election is made within a period of 3 months
after he ceased to be an employee, or within such further period as the Board
(or, on and after 1 July 1976, the Commissioner for Superannuation), in
special circumstances, allows and, if he makes such an election within that
period, this Act has effect, and shall be deemed to have had effect, as if the
election had been made before he ceased to be an employee.

''(3) Where a person in respect of whom this section applies-

   (a)  ceases to be an employee by reason of his death; or

   (b)  dies after he has ceased to be an employee but before the expiration
        of the period referred to in sub-section (2) of this section, the
        person (if any) who, by virtue of sub-section (4) of this section, is
        eligible to make an election under this sub-section may, within a
        period of 3 months after the death of the deceased person or within
        such further period as the Board (or, on and after 1 July 1976, the
        Commissioner for Superannuation), in special circumstances, allows,
        make any election to which this section applies that could have been
        made by the deceased person but which was not made by him and, if the
        person so eligible makes such an election, this Act has effect, and
        shall be deemed to have had effect, as if the election had been made
        by the deceased person before he ceased to be an employee.

''(4) For the purposes of sub-section (3) of this section, the person who is
eligible to make an election under that sub-section is-

   (a)  if the deceased person left a widow or widower-the widow or widower;
        or

   (b)  in any other case-such person (if any) as the Board (or, on and after
        1 July 1976, the Commissioner for Superannuation) determines.

''(5) Where an election is made under sub-section (1) of section 22A of this
Act by virtue of sub-section (2) or (3) of this section by or in respect of a
person in respect of whom this section applies, the election shall specify the
date as from which the election is to have effect, being a date not earlier
than 5 February 1976 and not later than the date on which the person ceased to
be an employee, and, for the purposes of sub-section (2) of section 22A of
this Act, the date so specified shall be deemed to be the date of the
election.''.