New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 91

91 Time for making elections, applications and choices

(1) Notwithstanding anything contained in this Act (subsection (2) excepted), an election, application or choice under this Act or any Act amending this Act:

(a) shall be in writing,

(b) may be made on or before:

(i) the last day on which, but for this paragraph, it could be made, or

(ii) the expiration of the period of 2 months after the right to make it arises,

whichever is the later, but is not validly made unless received in the office of STC on or before the last day on which, pursuant to this paragraph, it may be made,

(c) shall in the case of an election under section 21C take effect as from such date, or where such election is in respect of different amounts as from such respective dates, as STC determines and, in the case of any other election, application or choice, take effect and be operative where provision therefor is made by or under this Act as from the date so provided, or where no such provision is made as from the date it is received in the office of STC or such other date as STC may determine,

(d) may, with the approval of STC, be amended or revoked subject to such conditions as STC may impose, including conditions as to the time or times at which, and the manner in which, the election as amended is to take effect, or the time at which the revocation is to take effect.

(1A) The provisions of subsection (1) (c) and (d) do not apply to an election under section 61RB.

(2) Where an election, application or choice is not made or received within the time prescribed in respect thereof by paragraph (b) of subsection (1) and STC is satisfied that in all the circumstances of the case it is desirable, that the election, application or choice should be accepted, STC may, subject to such terms and conditions as it may impose, accept the election, application or choice and deal with it as if it had been made or received within the time so prescribed.

(3) Subsection (2) does not apply to or in respect of an election under section 21C.

(4) The date or dates determined by STC under subsection (1) (c) as the date or dates as from which an election made under section 21C after the commencement of Schedule 6 to the Superannuation (Amendment) Act 1975 is or are to take effect shall not be later than the expiration of 7 months after the last day on which the election could have been made, but STC may determine a later date or later dates if it is satisfied that such special circumstances exist as warrant the determination thereof.

(5) If an election to commute pension payable under section 28A or 28AA is made under section 21C by a contributor or pensioner who has not attained the age of 55 years, the date or dates determined by STC under subsection (1) (c) as the date or dates from which the election is to take effect must not be earlier than the date on which the contributor or pensioner attains the age of 55 years.

(6) Where:

(a) an election to commute pension payable under section 29 is made under section 21C by a pensioner, and

(b) any employment which, on the pensioner’s ceasing to be a contributor, the pensioner was entitled to count as service for the purpose of section 21 was, in total, for less than a period of 10 years,

the date or dates determined by STC under subsection (1) (c) as the date or dates as from which the election is to take effect shall not be earlier than:

(c) the expiration of 6 months after the day the election was made, or

(d) the expiration of such time after the pensioner ceased to be a contributor as is equivalent to the balance of the period referred to in paragraph (b),

whichever first occurs.