Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, where, after the commencement of this section, a person, being a contributor, ceases to be a member and is not entitled to a pension, he may, within 21 days after he ceases to be a member, elect that this Division shall apply in relation to him.
(2) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election under subsection (1).
(3) If a person makes an election for the purposes of this section within one month before he ceases to be a member, the election has effect as if it had been made on the day after he ceased to be a member.
(4) Subject to subsection (5), an election under this section is of no effect unless the person who made the election gives notice in writing to the Board within 21 days, or within such longer period as the Board allows, after the expiration of the period that is the prescribed period in relation to him:
(a) stating whether he was employed at the expiration of that prescribed period and, if so, the name and address of his employer; and
(b) stating whether he was at the expiration of that prescribed period a member of a superannuation scheme applicable in relation to that employment and, if so, specifying the scheme concerned.
(5) subsection (4) does not apply if the person who made the election dies before the expiration of the period for the giving of a notice by him under that subsection and without having given such a notice.
(6) Where a person who is entitled to make an election under this section dies within the period referred to in subsection (1), or within any period for which that period has been extended under subsection (2), without making such an election:
(a) if the person leaves a widow--the widow may make such an election within 21 days after the date of the death of the person; or
(b) if the person does not leave a widow, or the widow dies within the period referred to in paragraph (a) without making such an election, but the person leaves an eligible child or eligible children--such an election may be made within that period by such person as the Board permits;
and, in that case, this Act has effect as if the election had been made by the first - mentioned person but subsection (4) does not apply.
(7) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period referred to in paragraph (6)(a) or (b).
(8) This section does not apply in relation to a person to whom section 35A of the Superannuation Act 1922 - 1971 applied immediately before he ceased to be a member and who, at the time when he ceased to be a member, had not ceased to be a contributor to the Superannuation Fund.
(9) This section does not apply in relation to a member who:
(a) ceases to be a contributor by reason of his having been retired on the ground of invalidity or of physical or mental incapacity to perform his duties; and
(b) is not entitled to a pension or other benefit by reason that the Board is of the opinion that the invalidity or incapacity was due to wilful action on his part for the purpose of obtaining pension or other benefit or by reason of the operation of section 71.
(10) Subsection (1) does not apply to a person who ceases to be a member on or after 1 October 1972.
(11) In this section, a reference to the Board shall be read as including a reference to the Authority.