Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Notwithstanding anything contained in this Act, where an election under this Act has been or is made by an employee or pensioner before the commencement, or after the expiration, of the prescribed period, and the Board is satisfied that:
(a) hardship would accrue to, or to the dependants of, the employee or pensioner if the election were not recognized; and
(b) in all the circumstances of the case it is desirable that the election should be recognized;
the Board may recognize the election as if it had been made within the prescribed period.
(2) In the event of the retirement of an employee on the ground of invalidity or physical or mental incapacity to perform his duties, within one year after the recognition, under subsection (1), of an election made after the expiration of the prescribed period, he shall, if the election was to contribute for an additional unit or units, be entitled to a refund of the contributions paid in respect of the additional unit or units, but shall not be entitled to any further payment in respect thereof.