New South Wales Consolidated Acts

STATE PUBLIC SERVICE SUPERANNUATION ACT 1985 - SECT 13

13 Supplementary benefit

(1) Application to be covered for the supplementary benefit may be made to the Board:

(a) by an employee who has not attained the age of 53 years and is not a contributor-at the time the employee makes an election under section 12 (election to contribute to the Fund), or

(b) except to the extent that subsection (8) or (12) otherwise provides-at any time by a contributor who has not attained the age of 53 years.

(2) An application under subsection (1) shall:

(a) be in a form approved by the Board for the purposes of this section, and

(b) be accompanied by such documents and evidence as the Board considers to be necessary or convenient for the purposes of this section.

(3) The Board may require an applicant under subsection (1):

(a) to submit to such a medical examination as may be required by the Board, and

(b) to provide such medical reports as are specified by the Board.

(4) Where an application is made under subsection (1) and the applicant:

(a) fails, in the opinion of the Board, to pass a medical examination to which the applicant has submitted in accordance with a requirement under subsection (3), or

(b) fails to comply with a requirement under subsection (3),

the Board shall refuse the application.

(5) For the purpose of deciding whether or not to approve an application under subsection (1), the Board:

(a) may, under subsection (3), require the applicant to submit to further medical examinations or provide further medical reports, and

(b) may obtain such evaluations of medical examinations or medical reports as it thinks fit.

(6) Where the Board approves an application under subsection (1):

(a) the Board shall appoint the day on and from which the applicant’s cover for the supplementary benefit is to commence, and

(b) subject to subsection (7), the applicant becomes, and remains, liable for payment of the supplementary levy.

(7) Subject to subsection (12), payment by a contributor of the supplementary levy:

(a) shall commence on a date appointed by the Board and shall be made at the prescribed rate and at the prescribed times,

(b) shall be effected by transfer from the contributor’s account, and

(c) shall cease when the contributor no longer has available to be taken into account any prospective benefit points.

(8) Where an application under subsection (1) is refused, the applicant may not again make such an application before the expiration of:

(a) the period of 3 years that next succeeds the refusal, or

(b) in a particular case-such shorter period as the Board may decide.

(9) Where, after approving an application under subsection (1), the Board forms the opinion that, in relation to the application, or to a medical examination of the applicant, an untrue statement within the meaning of section 53 was made and that its approval would not have been given had the untrue statement not been made, the Board shall, subject to subsection (10), revoke the approval.

(10) For the purpose of deciding whether or not, in relation to an application or a medical examination of an applicant, it is of the opinion referred to in subsection (9), the Board may, if it thinks fit, require that applicant within a time specified by the Board or within such further time as the Board may allow, to provide information, or to undergo a medical examination, or to provide medical reports, as specified by the Board.

(11) Upon the expiration of the time, or further time, referred to in subsection (10), the Board may, whether or not the requirement so referred to is complied with, proceed to decide whether or not it is of the opinion referred to in subsection (9).

(12) Where, pursuant to subsection (9), the Board revokes its approval of an application:

(a) the applicant (if a contributor) ceases to be covered for the supplementary benefit and ceases to be liable to pay the supplementary levy,

(b) the applicant (if a contributor) is disqualified for 3 years from again applying to be covered for the supplementary benefit, and

(c) the amount of any supplementary levy paid by the applicant (whether a contributor or a former contributor) prior to revocation of the approval is not recoverable.