Western Australian Consolidated Acts

SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 67

67 .         Resignation, dismissal or discharge of contributor

        (1)         Where a contributor resigns or is dismissed or discharged (including discharge within the meaning of section 33(1)) from the service, there shall be paid to him the amount of the contributions paid by him under this Act, irrespective of the cause of his resignation, dismissal or discharge except where the contributor is dismissed after having attained his elected retiring age, in which case his entitlement to a pension shall be such as would have applied had he retired when so dismissed.

        (1a)         Notwithstanding any other provision of this Act, a person who — 

            (a)         was appointed before 1 March 1969 to the academic staff of the Institute established by the Curtin University of Technology Act 1966 ¹³ ;

            (b)         was a contributor prior to and at the time of that appointment and has since that appointment continued to be a contributor and a member of the academic staff of that Institute; and

            (c)         by notice in writing delivered to the Board within 3 months of the commencement of this subsection, elects to withdraw from the Fund,

                shall, for all of the purposes of this Act, be deemed to have ceased to be a contributor at the time the notice is received by the Board and thereupon is entitled to receive a refund of all contributions made by him to the Fund and is not entitled to any other right or benefit under this Act.

        (2)         Where any employee, who has resigned or been dismissed or discharged and has received a refund of the amount of his contributions, re-enters the service he may elect to contribute as provided in Part IV, but shall not, except as provided in section 66(4), be entitled to claim any further benefit in respect of his previous service.

        (3)         An employee of the kind mentioned in the last preceding subsection shall, upon re-entering the service aforesaid, be deemed to be a person entering the service after the commencement of this Act for the purposes of Part IV.

        [Section 67 ⁸ amended by No. 55 of 1945 s.15; No. 36 of 1955 s.10; No. 108 of 1970 s.10; No. 75 of 1973 s.22.]