New South Wales Consolidated Acts

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

15L Applications by contributors to Provident Fund and others to come under this Part

(1) Within a period of twelve months after the appointed day or within such further period as the Governor may, by proclamation published in the Gazette before the expiration of that period of twelve months, allow, a permanent servant (not being a permanent servant entitled to make an application and election under section 15K), 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, and who has not attained the age of sixty-five years, may, in a form approved by the board:

(a) apply to have transferred to the Benefits Fund for credit to his servant’s account 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 moneys payable in respect of the surrender or cancellation, and

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

(2) A servant of a council who, immediately before the appointed day, was, and has since continued to be, a permanent servant may, if he has not attained the age of sixty-five years, in a form approved by the board, apply to come under the provisions of this Part if, when he makes the application, he is not the holder of a current insurance policy and is not a person in respect of whom contributions to the Provident Fund are being paid.

(2A) Within the election period, a permanent servant (not being a permanent servant entitled to make an application and election under section 15K (1A)), 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, and who has not attained the age of sixty-five years, may, in a form approved by the board:

(a) apply to have transferred to the Benefits Fund for credit to his servant’s account 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 moneys payable in respect of the surrender or cancellation, and

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

(3) An applicant under subsection (1), (2) or (2A) 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 any such applicant 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 the applicant 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 additional death benefits and additional disablement benefits, or

(b) approve of the application subject to the condition that the applicant shall not be qualified for additional death benefits and additional disablement benefits.

(6) Where it approves of the application subject to the condition that the applicant shall not be qualified for additional death benefits and additional disablement benefits, the board shall, by notice in writing, inform the applicant of its decision, and if the applicant does not, in writing, and within twenty-one 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 twenty-one days, determine, lodge with the board notice of his agreement to the 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 paragraph (a) of subsection (5) or who has lodged with the board notice of his agreement referred to in subsection (6) becomes a contributor:

(a) where he is a permanent servant referred to in subsection (1) and the decision was made or notice of his agreement was lodged with the board:

(i) on or after the first day of March and before the first day of September in any year-on the first day of October in that year, or

(ii) on or after the first day of September in any year and before the first day of March in the next following year-on the first day of April in that lastmentioned year,

(b) where he is a permanent servant referred to in subsection (2)-on the first day of the month next following the day on which the decision was made or notice of his agreement was lodged with the board, as the case may be, or

(c) where he is a permanent servant referred to in subsection (2A)-on a day determined by the board,

and, in the case of a person in respect of whom such a decision was made, shall on the day on which he becomes a contributor be qualified for additional death benefits and additional disablement benefits.

(8) Where the board makes a decision referred to in paragraph (b) of subsection (5) in relation to a servant of a council and the servant becomes a contributor, he shall not be qualified for additional death benefits and additional disablement benefits.

(9) Where a person referred to in subsection (1) or (2A) becomes a contributor, the board shall upon his becoming a contributor:

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

(b) cause any insurance policies referred to in subsection (1) (b) or (2A) (b) to be surrendered or cancelled,

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

(d) credit the amounts transferred or paid under paragraph (a) or (c) to that person’s servant’s account in the Benefits Fund.

(10) Where an application is made by a servant of a council under subsection (2), the operation of the provisions of Parts 2 and 3 in relation to that servant is suspended:

(a) where the board makes a decision referred to in paragraph (a) of subsection (5) in relation to that servant, until he becomes a contributor, or

(b) where the board makes a decision referred to in paragraph (b) of that subsection in relation to that servant, until:

(i) he becomes a contributor,

(ii) he lodges with the board notice of his refusal to agree to the condition imposed by the board, or

(iii) the expiration of one month after the period of twenty-one days referred to in subsection (6),

whichever first occurs.

(11) A servant shall not, except with the approval of the board, be entitled to make more than one application under each of subsections (1), (2) and (2A).