Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A reference in this section to a period during which a person served as a Minister of State or an office holder does not include a reference to any period that does not also form part of the period of service of the person for the purposes of this Act.
(2) Where a person who is a member on 12 June 1978 served as a Minister of State or an office holder during any period or periods, or as a Minister of State and an office holder during different periods, before that date, he or she may, within 3 months after that date, by notice in writing signed by the person and delivered personally or sent by post to the Secretary of the Finance Department, elect to have the whole of that period or of those periods taken into account for the purposes of subsection 18(9).
(3) Where a person, not being a person who is a member on 12 June 1978, becomes a member after that date and that person served as a Minister of State or an office holder during any period or periods, or as a Minister of State and an office holder during different periods, before that date, he or she may, within 3 months after the date on which he or she so becomes a member, by notice in writing signed by the person and delivered personally or sent by post to the Secretary of the Finance Department, elect to have the whole of that period or of those periods taken into account for the purposes of subsection 18(9).
(4) A person who makes an election in accordance with subsection (2) or (3) shall:
(a) if he or she received any refund of contributions under Part VA of the Parliamentary Retiring Allowances Act 1948 - 1964 , or of that Act as amended, not being a refund that was subsequently repaid by him or her under section 22M of that Act, or of that Act as amended, or received any refund of contributions under subsection 22(12) or (13) of the Parliamentary and Judicial Retiring Allowances Act 1973 --pay to the Commonwealth an amount equal to that refund (excluding any part of that refund that comprises contributions made in respect of a period to which subsection 19A(7) applies); and
(b) if, during the period that commenced on 8 June 1973 and ended on 11 June 1978, he or she served as a Minister of State or an office holder during any period or periods, or as a Minister of State and an office holder during different periods--pay to the Commonwealth an amount equal to 11 1 / 2 % of the sum of:
(i) the total of the amounts of salary to which he or she was entitled as Minister of State in respect of the period or periods (if any) during which he or she so served as a Minister of State; and
(ii) the total of the amounts of allowance by way of salary to which he or she was entitled as office holder in respect of the period or periods (if any) during which he or she so served as an office holder.
(5) If, but for this subsection, subsection 22(2) of the Parliamentary and Judicial Retiring Allowances Act 1973 would apply to and in respect of a person who makes an election under this section, that subsection ceases to apply to and in respect of him or her when the election is made.
(6) Any amounts payable to the Commonwealth by a person under this section shall be paid at such times and in such amounts as are agreed upon between the person and the Finance Minister or, in the absence of agreement, at such times and in such amounts as the Finance Minister determines, but so that the total of the amounts is paid to the Commonwealth within 3 years after the date on which the person made the relevant election under this section.
(7) If a person who has made an election under this section becomes entitled to a retiring allowance and, after becoming so entitled, elects under subsection 18B(3) to convert a percentage of that retiring allowance into a lump sum payment, there shall be deducted from the amount of that lump sum payment the amount (if any) by which the total of the amounts that the person is liable to pay to the Commonwealth under subsection (4) of this section exceeds the total of any of those amounts that the person has paid in accordance with subsection (6) of this section and, upon the deduction being made, the person is, to the extent of the amount deducted, discharged from further liability to make payments under this section.