Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 32A

32A .         Contributions where employee formerly contributed to similar fund in the service of the Commonwealth and certain States

        (1)         In this section — 

        former employee means a person who immediately prior to his becoming an employee within the meaning of this Act, was a contributor to a similar fund for standard benefits which were not liable to be reduced for ill-health or other reason;

        former employment means employment by the Commonwealth or any other State;

        similar fund means a fund or account established under the law applying to the former employment and providing for superannuation or other like benefits for persons employed in the former employment similar to the purposes of the Fund established pursuant to this Act.

        (2)         Notwithstanding the provisions of section 35 but subject to section 60(9), a former employee — 

            (a)         who has received or is entitled to receive payment of an amount which is in satisfaction of contributions made by him to a similar fund and which is in lieu of pension or like benefits;

            (b)         who is appointed as an employee within the meaning of this Act;

            (c)         who, within 3 months of that appointment, elects to contribute under the provisions of this Act to the Fund,

                may, within that period, credit that amount, or cause that amount to be credited, to the Fund, and thereupon — 

            (d)         that amount shall be applied in the redemption forthwith of all further contributions which would otherwise be payable fortnightly in respect of the number of whole units for which that amount is, in the opinion of an Actuary, sufficient, and any surplus therefrom shall be refunded;

            (e)         the former employee shall be entitled to pension and benefits pursuant to the provisions of this Act as if he had become a contributor to the Fund on the date of his initial contribution to the similar fund.

        [Section 32A inserted by No. 15 of 1973 s.5; amended by No. 134 of 1976 s.7; No. 49 of 1996 s.64.]



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