Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1922 - SECT 72

Employee having right to refund or gratuity under other law may exchange his rights for equivalent rights under this Act

  (1)   Any employee who, under any other Act or State Act, has a vested or contingent right to a refund of contributions with or without interest, or a gratuity, or both refund and gratuity, may, at any time within twelve months after the commencement of this Act, apply to the Board to transfer his right to the Board, and upon such transfer he shall be entitled to receive, in respect of his transferred right, a grant by the Board of such rights of pension under this Act for himself, his widow, and children, as is agreed upon between himself and the Board, being new rights that are the actuarial equivalent of the transferred right.

  (1A)   Where an employee has transferred his right to the Board in accordance with subsection   (1), the new rights of pension shall be such as are agreed upon between himself and the Board, being new rights that are the actuarial equivalent of the transferred right as at the date of the commencement of this subsection.

  (1B)   Where any employee, referred to in subsection   (1), failed to transfer his right to the Board within the time specified in that subsection, he may, within twelve months after the commencement of this subsection, make application to the Board to transfer that right to the Board and to receive a grant of new rights of pension in accordance with subsection   (1).

  (1C)   A person, having such a right as is referred to in subsection   (1), who became or becomes an employee after the commencement of this Act, may, within twelve months after the commencement of this subsection, or of the commencement of his employment, whichever is the later, make application to the Board to transfer that right to the Board and to receive a grant of new rights of pension in accordance with subsection   (1).

  (2)   Notwithstanding anything in the preceding provisions of this section, an employee is not entitled to make an application under subsection   (1C) after 31   July 1976 and:

  (a)   any application made under that subsection on or after 1   July 1976 and on or before 31   July 1976 shall be made to the Commissioner for Superannuation and this section shall have effect in relation to the application as if references in this section to the Board were references to the Commissioner for Superannuation; and

  (b)   any application made under that subsection after the pay - day last preceding 1   July 1976 and on or before 31   July 1976 shall be deemed to have been made on that pay - day.



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