New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 38

38 Refund of contributions

(1) If a contributor:

(a) is retrenched from the service of an employer, or

(b) resigns or is dismissed or discharged from the service of an employer,

the contributor is, subject to section 38B, entitled to be paid a lump sum (without interest) equal to the contributions (other than contributions refundable under section 15A (6AB)) paid by the contributor under this Act, irrespective of the cause of the retrenchment, resignation, dismissal or discharge.

(2) Whenever a lump sum is paid under subsection (1), there shall, subject to subsection (3), be deducted from that sum any amount received by the contributor as a pension before the contributor’s retrenchment, resignation, dismissal or discharge.

(3) A deduction under subsection (2) must not reduce the amount paid to a contributor under this section to an amount below the contributions paid by the contributor since the contributor last received any amount as pension.

(4) If a former employee who:

(a) has been retrenched, dismissed or discharged, or has resigned, and

(b) has received a benefit under this section or section 38A,

subsequently enters the service of the same or another employer, the former employee is not entitled to claim any further benefit in respect of previous service unless the former employee has complied with section 38C.