Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 83C

83C .         Contributors to the Provident Account

        (1)         Any employee referred to in section 32(1)(b) who is ineligible to become a contributor for units of pension under this Act by reason only of suffering from a physical or mental defect or condition may, within 6 months after the commencement of the 1987 Act, apply to become a contributor to the Provident Account.

        (1a)         Subject to subsections (3)(a) and (5) and to clause 10 of Schedule 4 to the 1987 Act an employee who — 

            (a)         was a contributor to the Provident Account under this Division at the commencement of the 1987 Act; or

            (b)         applies under subsection (1) to become a contributor to the Provident Account,

                shall make contributions to the Provident Account in accordance with this Division.

        (2)         Where, after a person has become a contributor under this Division, he furnishes evidence to the satisfaction of the Board that his mental and physical health are such as to entitle or render him eligible to become a contributor under Part IV, the Board may upon application by that person permit him to contribute to the Fund under that Part.

        (3)         A person who is permitted by the Board in pursuance of subsection (2) to contribute to the Fund under Part IV — 

            (a)         shall not, as from the date of the decision of the Board, make any further contributions under this Division to the Provident Account, and ceases to be entitled to any benefit (not being a refund of contributions) that would otherwise be payable from moneys standing to the credit of the Provident Account;

            (b)         is entitled to a refund of the contributions made under this Division to the Provident Account, together with compound interest on those contributions at the rate per centum per annum fixed by the Board from time to time; and

            (c)         shall contribute to the Fund under Part IV as from the date of the decision of the Board or, if that date is not a pay-day, the next succeeding pay-day.

        (4)         A contributor to the Provident Account under this Division may, by making application to the Board, withdraw from moneys standing to the credit of that Account an amount equal to the amount of the contributions credited by that contributor to that Account under this Division together with compound interest on those contributions at the rate per centum per annum fixed by the Board from time to time.

        (5)         An employee who makes an application under subsection (4) shall cease to make contributions to the Provident Account.

        [Section 83C inserted by No. 50 of 1961 s.10; amended by No. 19 of 1962 s.3; No. 134 of 1976 s.20; No. 57 of 1986 s.9; No. 17 of 1987 s.19; No. 49 of 1996 s.64.]



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