Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 66

66 .         Retrenchment of contributor

        (1)         In the event of the retrenchment of a contributor — 

            (a)         he shall be entitled to receive the contributions paid by him and from the State a sum equal to 2½ times such of those contributions as represent fortnightly contributions made by him in respect of units not exceeding his primary entitlement up to the time of his retrenchment, but may elect within 3 months after his retrenchment to receive in lieu of those sums an equivalent pension determined by an Actuary; or

            (b)         if at the time of retrenchment he has attained the age of 55 years, he shall be entitled to elect within 3 months after his retrenchment to receive a pension under this Act in accordance with section 60 as if he had elected to retire.

        (2)         In default of an election that may be made under subsection (1), the Board shall determine in which form payment shall be made.

        (3)         Where a contributor who has been retrenched and is in receipt of a pension under this section, re-enters the service, the following provisions shall apply: — 

            (a)         the pension shall not cease to be payable; and

            (b)         he may elect to contribute as provided in Part IV but shall not be entitled to claim any further benefit in respect of his previous service.

        (4)         Where a contributor who has been retrenched and has received payment in the form of a lump sum under this section re-enters the service, he may elect to contribute as provided in Part IV, but shall not, unless he has repaid to the Board for transmission to the Treasurer 5 / 7 of the lump sum so previously paid to him, be entitled to claim any further benefit in respect of his previous service.

        (5)         Where a contributor who has been retrenched re-enters the service, he shall, upon re-entry into the service as aforesaid, be deemed to be a person entering the service after the commencement of this Act for the purposes of Part IV.

        [Section 66 8 amended by No. 75 of 1973 s.21; No. 134 of 1976 s.19; No. 30 of 1984 s.10.]



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