Western Australian Consolidated Acts Western Australian Consolidated Acts [(1) deleted]
(2) Where an employee,
who elects to become a contributor under this Act, is employed in the Police
Department of the State and is liable to contribute to the Police Benefit
Fund, such employee shall, as from the date when he becomes a contributor
under this Act, cease to be liable or to be entitled or permitted to
contribute further to the Police Benefit Fund; but such amount as shall be
certified in writing by the Government Actuary to be equivalent to the share
of the moneys in or the investments representing the moneys in the Police
Benefit Fund to which on the date when the employee became a contributor under
this Act such employee would have been entitled as a contributor to the Police
Benefit Fund if on such date the Police Benefit Fund had been dissolved and
the moneys therein distributed amongst all the then contributors to the Police
Benefit Fund upon the basis and in the proportions which, in the opinion of
the Government Actuary, would be fair and just, shall be paid forthwith out of
the Police Benefit Fund by the authority controlling the same to the Board,
and by the Board to be held to the credit of the employee as such contributor
under this Act and be applied at the option of the employee for either of the
following purposes, that is to say —
(a) in
satisfaction of the contributions from time to time payable by the contributor
under this Act until such time as the amount has been fully applied in such
manner; or
(b)
subject to the regulations and provided the amount is sufficient, in payment
forthwith by one lump sum of such sum as may be certified by the State
Government Actuary to be required to redeem forthwith all future contributions
which would be payable fortnightly under this Act by the contributor in
respect of the number of units of pension stated by the State Government
Actuary in his certificate:
Provided
that —
(i)
where the amount held by the Board as aforesaid can be
applied only as to a part thereof for the purpose mentioned in
paragraph (b), the amount shall, at the option of the employee, be
applied as to such part for the purpose mentioned in paragraph (b) and
hereafter the balance of such amount shall be applied for the purpose
mentioned in paragraph (a); and
(ii)
where payment in full for one or more units of pensions
has been made in accordance with the provisions of paragraph (b), the
number of units of pension in respect of which the contributor shall be liable
under this Act to contribute by fortnightly payments shall be the number of
units of pension appropriate to his rate of salary from time to time less the
number of units of pension paid for in full as aforesaid; and
(iii)
if any balance of the amount held by the Board as
aforesaid remains not applied for any of the purposes aforesaid when the
employee for any reason ceases to be a contributor of fortnightly payments of
contributions under this Act, such balance shall be paid by the Board to the
employee or to his legal representative as the case may require.
(3) Where an employee
who elects to become a contributor under this Act is employed in the
Government Railways and Tramways Department and is liable to contribute to the
Railway Death Benefit and Endowment Fund, such employee may, notwithstanding
anything to the contrary contained in the Government Railways Act 1904 ,
or in any regulation or by-law made under that Act, elect at any time after he
has become a contributor under this Act to cease to contribute to the Railway
Death Benefit and Endowment Fund by a notice in writing signed by him and
served upon the authority charged with the administration of or having the
management and control of such lastmentioned Fund; and where such an election
is made the following provisions shall apply: —
(a) As
from the receipt of the notice of election by the authority required to be
served with such notice the employee shall no longer be liable to contribute
to the Railway Death Benefit and Endowment Fund; and
(b) the
employee shall be entitled to be paid out of moneys standing to the credit of
the said Fund and the authority aforesaid shall be and is hereby authorized to
pay and shall pay out of moneys standing to the credit of the said Fund to the
employee in respect of the contributions then previously made by him to the
said Fund such amount as upon an actuarial determination by the Government
Actuary is a reasonable surrender value for such contributions; or
(c) at
the option of the employee, the amount to which he is entitled as mentioned in
paragraph (b) shall, instead of being paid to the employee, be paid to
the Board and, when paid to the Board, shall be held to the credit of the
employee as such contributor under this Act, and be applied at the option of
the employee for either of the following purposes, that is to
say —
(a) in
satisfaction of the contributions from time to time payable by the contributor
under this Act until such time as the amount has been fully applied in such
manner; or
(b)
subject to the regulations and provided the amount is sufficient, in payment
forthwith by one lump sum of such sum as may be certified by the State
Government Actuary to be required to redeem forthwith all future contributions
which would be payable fortnightly under this Act by the contributor in
respect of the number of units of pension stated by the State Government
Actuary in his certificate:
Provided
that —
(i)
where the amount held by the Board as aforesaid can be
applied only as to a part thereof for the purpose mentioned in
subparagraph (b), the amount shall, at the option of the employee, be
applied as to such part for the purpose mentioned in subparagraph (b),
and thereafter the balance of such amount shall be applied for the purpose
mentioned in subparagraph (a); and
(ii)
where payment in full for one or more units of pension
has been made in accordance with the provisions of subparagraph (b), the
number of units of pension in respect of which the contributor shall be liable
under this Act to contribute by fortnightly payments shall be the number of
units of pension appropriate to his rate of salary from time to time less the
number of units of pension paid for in full as aforesaid; and
(iii)
if any balance of the amount held by the Board as
aforesaid remains not applied for any of the purposes aforesaid when the
employee for any reason ceases to be a contributor of fortnightly payments of
contributions under this Act, such balance shall be paid by the Board to the
employee or to his legal representative as the case may require.
(4) Nothing in
subsection (3) shall operate or be deemed to operate so as to preclude
any employee to whom the subsection applies continuing to contribute to the
Railway Death Benefit and Endowment Fund after he has become, and while he
continues to be, a contributor under this Act, if he so desires.
[Section 33 8 amended by No. 65 of 1947
s.5; No. 49 of 1996 s.64.]