Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section —
(a) an
employee who is a contributor to the Provident Account under Division 3
of Part VA may, in accordance with section 83C(2), elect to become a
contributor for units of pension under this Act;
(b) an
employee who —
(i)
is a subscriber to the Provident Account under
section 83B or is a member of the Western Australian Public Hospitals
(Medical Officers) Superannuation Scheme established under section 12A of
the Hospitals and Health Services Act 1927 ; and
(ii)
was such a subscriber or member at the commencement of
the 1987 Act,
may, within
6 months after that commencement, elect to become a contributor for units
of pension under this Act.
(1a) An election under
subsection (1) shall be in writing in a form approved by the Board.
(2) An employee is not
entitled to become a contributor for units of pension under this Act if he is
of an age which will prevent him from completing an aggregate period of
7 years’ service under the State before attaining the age for
retirement for which he desires to contribute.
(3) The Board may
require any employee who has made an election under subsection (1) to
undergo such medical examination or examinations as it directs.
(4) Where, after
considering the report or reports of the medical examination or examinations
of an employee who has made an election under this section, the Board is of
opinion that the employee is not suffering from any physical or mental defect
or condition which is likely to render him incapable, before his attaining his
maximum age for retirement, of performing his duties as an employee, the Board
shall accept the election.
(5) Where, after
considering the report or reports of the medical examination or examinations
undergone by an employee who has made an election under this section, the
Board is of opinion that the employee is suffering from any physical or mental
defect or condition which is likely to render him incapable, before his
attaining his maximum age for retirement, of performing his duties as an
employee, the Board shall —
(a)
refuse to accept the election of that employee to become a contributor; or
(b)
accept the election, but on condition that the employee shall be a contributor
for limited benefits under and for the purposes of section 61.
(6) An employee who is
a contributor for limited benefits under and for the purposes of
section 61 shall cease to be subject to limited benefits for the purposes
of that section and for the purposes of the Sixth Schedule —
(a) at
the expiration of the period of 13 years after he became such a
contributor; or
(b) upon
his satisfying the Board that he is no longer suffering from any physical or
mental defect or condition which is likely to render him incapable, before his
attaining his maximum age for retirement, of continuing to perform his duties
as an employee,
whichever first
occurs.
(7) Where a person has
been accepted as a contributor for limited benefits pursuant to an election
made under this section the Board shall record any defect or condition, the
existence of which was disclosed in the report or reports furnished to the
Board, by reason of which the Board declined to accept him as a contributor
for ordinary benefits, but accepted him as a contributor for limited benefits.
[Section 32 inserted by No. 134 of 1976
s.6; amended by No. 57 of 1986 s.6; No. 17 of 1987 s.12;
No. 103 of 1994 s.18.]