New South Wales Consolidated Acts

LOCAL GOVERNMENT AND OTHER AUTHORITIES (SUPERANNUATION) ACT 1927 - SECT 15AP

15AP Applications by contributors to Provident Fund to come under this Part

(1) Within the period commencing on and including the date of commencement of this Part and ending on and including 30 September 1981 a permanent servant (not being a permanent servant entitled to make an application and election under section 15AO), in respect of whom contributions are, when he makes the application referred to in this subsection, being made under Part 3 to the Provident Fund, may, in a form approved by the board:

(a) apply to have transferred to the Pension Fund the amount standing to his credit in the Provident Fund,

(b) if he is the holder of any current insurance policies, apply to surrender or to have cancelled those insurance policies and direct payment to the board of any money payable in respect of the surrender or cancellation, and

(c) apply to come under the provisions of this Part.

(2) An applicant under subsection (1) shall furnish to the board with his application such details of his medical and personal history as are provided for in the form on which he makes the application.

(3) The board may, by notice in writing, require any such applicant to submit himself for such medical examination or examinations as the board may determine.

(4) The board shall consider any details of the medical and personal history of the applicant submitted by him and the results of any medical examination referred to in subsection (3) and shall, as it thinks fit:

(a) decide that the applicant shall be qualified for full additional benefits,

(b) approve of the application subject to the condition that the applicant shall be qualified for partial, but not full, additional benefits, or

(c) approve of the application subject to the condition that the applicant shall not be qualified for either such benefits.

(5) Where it approves of the application subject to the condition:

(a) that the applicant shall be qualified for partial, but not full, additional benefits, or

(b) that the applicant shall not be qualified for either such benefits,

the board shall, by notice in writing, inform the applicant of its decision, and if the applicant does not, in writing, and within 21 days after the date of the notice, or such further period not exceeding one month as the board may, whether before or after the expiration of that period of 21 days, determine, lodge with the board notice of his agreement to that condition, his application to come under the provisions of this Part shall be deemed to have lapsed.

(6) A person in respect of whom a decision is made under subsection (4) (a) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for full additional benefits.

(7) A person whose application was approved under subsection (4) (b) and who has lodged with the board notice of his agreement referred to in subsection (5) becomes a contributor on the first day of a month to be determined by the board, and shall upon that day be qualified for partial, but not full, additional benefits.

(8) A person whose application was approved under subsection (4) (c) and who has lodged with the board notice of his agreement referred to in subsection (5) becomes a contributor on the first day of a month to be determined by the board, and shall not be qualified for full or partial additional benefits.

(9) Where a person referred to in subsection (1) becomes a contributor, the board, upon his becoming a contributor, shall:

(a) transfer the amount standing to that person’s credit in the Provident Fund to the Pension Fund,

(b) cause any insurance policies referred to in subsection (1) (b) to be surrendered or cancelled,

(c) pay the proceeds of the surrender or cancellation to the Pension Fund, and

(d) of the amounts transferred or paid under paragraph (a) or (c):

(i) credit 50 per centum to his servant’s account in the Pension Fund, and

(ii) credit 50 per centum to the general reserve (if he is in the service of a general employer) or to the special reserve (if he is in the service of a special employer).

(10) A servant shall not, except with the approval of the board, be entitled to make more than one application under this section.