Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an employee
employed at the commencement of this Act is qualified by length of service for
a superannuation allowance under the provisions of the Superannuation
Act 1871 2 , and does not become a contributor under this Act this Act
shall not operate so as to deprive him of any eligibility for superannuation
allowance under the Superannuation Act 1871 2 .
(2) Where an employee
employed at the commencement of this Act, is qualified by length of service
for a superannuation allowance under the provisions of the Superannuation
Act 1871 2 , such employee may elect to become either a
contributor or a qualified contributor under this Act and section 32
shall, with such adaptations as are necessary, apply.
(3) Where an employee
mentioned in subsection (2) elects to become a contributor under this Act
he shall be liable to contribute to the Fund under this Act as if he were
contributing for the full benefits of a pensioner under this Act, and subject
thereto the following provisions shall apply: —
(a) If
when such employee reaches the maximum age for retirement under this Act he is
still a person to whom the Governor may lawfully grant a superannuation
allowance under the Superannuation Act 1871 2 , such employee may,
at his option, take any one of the following benefits,
namely —
(i)
accept the pension benefits of a contribution under this
Act, and relinquish all qualification or eligibility for a superannuation
allowance under the Superannuation Act 1871 2 ; or
(ii)
accept a superannuation allowance under and in accordance
with the provisions of the Superannuation Act 1871 2 , and a refund from
the Board of the amount of the contributions made by him as a contributor in
accordance with his obligation under this Act to make such contributions; or
(iii)
accept from the Board a refund of a sum equal to the
difference between the aggregate amount of the contributions made by him as a
contributor as aforesaid and the amount determined actuarially to be necessary
to pay in full the amount of all the contributions which he would have been
liable to make as a qualified contributor, if in the first instance he had
elected to become a qualified contributor instead of electing to become a
contributor.
(b) When
any employee elects to take the benefit provided in
paragraph (a)(iii) —
(i)
subject to the Superannuation Act 1871 2 , he will
continue to be qualified and eligible for the grant of a superannuation
allowance under that Act;
(ii)
he shall not be entitled to any benefits personally as a
pensioner under this Act; and
(iii)
upon his death his widow and children shall be entitled
in respect of the units of pension for which the employee was contributing as
a contributor under this Act to receive from moneys standing to the credit of
the Fund in accordance with this Act the same benefits to which they would
have been entitled if the employee had elected to take the benefit provided in
paragraph (a)(i);
and
(c) The
employee shall make his choice of the benefit under paragraph (a) which
he desires to take and shall give notice thereof in writing in the prescribed
form to the Board not later than one month after he is notified that he is
qualified and eligible for a superannuation allowance under the Superannuation
Act 1871 2 , or within such further period as the Board may allow.
(4) Where an employee
mentioned in subsection (2) elects under this section to become a
qualified contributor the following provisions shall apply: —
(a)
Subject to the Superannuation Act 1871 2 , the employee will continue to
be qualified and eligible for the grant of a superannuation allowance under
that Act;
(b) the
employee shall not be entitled to any benefits personally as a pensioner under
this Act;
(c) the
employee shall contribute to the Fund at a rate to be prescribed by
regulations for any number of units of pension for which under this Act he may
contribute as a contributor; and
(d) upon
the death of the employee his widow and children shall be entitled in respect
of the units of pension for which the employee was contributing as a qualified
contributor in accordance with this Act the same benefits to which they would
have been entitled if the employee had been a contributor or a pensioner under
this Act.
[Section 34 8 amended by No. 65 of 1947
s.5; No. 49 of 1996 s.64.]
[ 35. Deleted by No. 134 of 1976 s.8.]