New South Wales Consolidated Acts

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

15AQ Elections and applications by contributors to Benefits 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, in respect of whom contributions are, when he makes the application referred to in this subsection, being made under Part 3B to the Benefits 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 Benefits Fund, and

(b) if, when he makes the application under paragraph (a):

(i) qualified for additional death benefits and additional disablement benefits under Part 3B-elect to come under the provisions of this Part, or

(ii) not so qualified-apply to come under the provisions of this Part.

(2) A person who makes an election under subsection (1) (b) (i), and who was, when he made the election, qualified for additional death benefits and additional disablement benefits under Part 3B, 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.

(3) An applicant under subsection (1) (b) (ii) 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.

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

(5) The board shall consider any details of the medical and personal history of an applicant referred to in subsection (3) submitted by him and the results of any medical examination referred to in subsection (4) 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.

(6) Where it approves of an application referred to in subsection (5) 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.

(7) A person in respect of whom a decision is made under subsection (5) (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.

(8) A person whose application has been approved under subsection (5) (b) and who has lodged with the board notice of his agreement referred to in subsection (6) 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.

(9) A person whose application has been approved under subsection (5) (c) and who has lodged with the board notice of his agreement referred to in subsection (6) 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.

(10) 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 Benefits Fund to the Pension Fund,

(b) of an amount equal to the amounts (if any) transferred or paid to that person’s servant’s account in the Benefits Fund under section 15K (3) (b) or (c) or section 15L (9) (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), and

(c) of the amount transferred under paragraph (a), other than so much thereof as is dealt with under paragraph (b):

(i) credit 40 per centum to his servant’s account in the Pension Fund, and

(ii) credit 60 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).

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