Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 70

  (1)   Any employee referred to in section   68:

  (b)   who has a right referred to in section   68; and

  (c)   who has not the right to elect under section   69, or who, having that right, does not exercise it;

may, within the prescribed time, but not later than 13   December 1959, elect to come under this Act for the limited purpose of:

  (d)   a pension for his widow;

  (e)   a pension after his death for such of his children as are eligible children; or

  (f)   pension rights for both widow and children as specified in paragraphs   (d) and (e).

  (2)   If the employee elects to come under this Act for a limited purpose, this Act shall apply for that limited purpose as if he were an employee not having any of the rights specified in section   68, subject to the following conditions:

  (a)   the contributions shall, in the case of a pension for the widow, be in respect of one, or one and a half, or two units, and in the case of a pension for a child, in respect of a half unit, and shall be in accordance with such rates as are prescribed;

  (b)   there shall not be any right except to a pension for the widow or for children, or for both widow and children, as the case may be; and

  (c)   the contributions shall be payable as from the first day of the month in which the employee elects to come under this Act for the limited purpose.

  (3)   The pension payable under this section for a widow is the sum of:

  (a)   the pension applicable to the number of units in respect of which contributions relating to the widow were made; and

  (b)   seventeen - twentyeighths of the pension so applicable.

  (4)   The pension payable under this section for a child is pension at the rate applicable under section   46, 47 or 48, as the case may be, in respect of a child of a male contributor or pensioner.

  (5)   The Commonwealth shall, in respect of each payment of pension made to a widow in accordance with subsection   (3) of this section, pay to the Fund:

  (a)   an amount determined in accordance with subsection   (2) or (3) of section   33, as the case requires, with respect to the part of the pension payment payable by virtue of paragraph   (a) of subsection   (3) of this section; and

  (b)   an amount equal to the part of the pension payment payable by virtue of paragraph   (b) of that subsection.