Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 83

83 .         An employee contributing to Railway Death Benefit and Endowment Fund may transfer rights to Board

        (1)         Where a contributor under this Act is at the time when he becomes a contributor liable to contribute to the Railway Death Benefit and Endowment Fund, and, as provided for in section 33, he continues, after he has become a contributor under this Act, to contribute to the Railway Death Benefit and Endowment Fund, such contributor under this Act may, at any time with the consent of the Board, and notwithstanding any law, regulation or by-law regulating or affecting the Railway Death Benefit and Endowment Fund to the contrary, transfer or assign his rights (if any) as a contributor to the Railway Death Benefit and Endowment Fund to the Board and request the Board to continue payment of contributions to such Fund for and on behalf of the contributor.

        (2)         Where a transfer or assignment is made under subsection (1) the Board shall duly pay the contributions necessary to protect and preserve the rights transferred or assigned, and upon such rights maturing or accruing shall pay to the contributor or to his legal representatives to be administered as part of his estate any sums received by the Board in satisfaction of the rights transferred or assigned, less the amount of the contributions paid by the Board with compound interest thereon at the rate of 4% per annum from the respective dates of payment.

        (3)         This section shall not apply where the contributor has, in accordance with the regulations or by-laws relating to the Railway Death Benefit and Endowment Fund, nominated some person or persons other than himself to receive from such Fund the benefits attributable to the contributions credited by the contributor to such Fund unless and until such person or persons join with the contributor in the transfer or assignment to the Board of the rights referred to in subsections (1) and (2).

        [Section 83 8 amended by No. 106 of 1965 s.15; No. 49 of 1996 s.64.]

        [Heading inserted by No. 50 of 1961 s.6.]

        [Heading inserted by No. 50 of 1961 s.6.]



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