Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 38

38 .         Units in excess of 2 units optional

        (1)         Notwithstanding anything to the contrary in this Act, an employee who becomes or is a contributor may at his option contribute for more than 2 units of pension but so that the total number of units shall not exceed the prescribed number of units for the salary received by the employee as shown in the scale in section 37(1) and no election to contribute shall be made contrary to section 37(12), (12c) or (12d) or subsection (3).

        (2)         Where a contributor contributes for more than 2 units of pension and elects to reduce the number of units of pension to any lesser number of units of pension, being any number of units not less than 2, any contributions paid by him prior to such reduction in respect of units in excess of the reduced number shall be credited as contributions in respect of the reduced pension and any surplus thereafter (if any) may, at the discretion of the Board, either be paid to the contributor or be held in the Fund to the credit of the contributor together with compound interest thereon at a rate per centum per annum determined by the Board from time to time.

        (3)         Where a contributor makes an election under subsection (2) after the commencement of the 1987 Act then on and from the making of that election the number of additional units for which the contributor may elect to contribute under section 37(11) is reduced by the number of units to which the election under subsection (2) applied.

        [Section 38 inserted by No. 9 of 1981 s.3; amended by No. 17 of 1987 s.15; No. 8 of 1993 s.68.]



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