Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 71

71. (1) A person-

   (a)  who becomes entitled to invalidity benefit by virtue of subsection 66
        (2); and

   (b)  whose period of contributory service is not less than 8 years, may,
        not later than 1 month after becoming so entitled, elect, by notice in
        writing to the Commissioner, that, in lieu of benefit being payable in
        accordance with section 70, pension and lump sum benefit be paid in
        accordance with this section.

(2) Where a person makes an election under sub-section (1) and the period of
prospective service of the person is not less than 30 years, the annual rate
of the pension to which the person is entitled is such percentage of the
person's final annual rate of salary as, having regard to the number of
complete years included in the person's period of contributory service, is
applicable in accordance with columns 1 and 3 of Schedule 5.

(3) Where a person makes an election under sub-section (1) and the period of
prospective service of the person is less than 30, but is not less than 20,
years, the annual rate of the pension to which the person is entitled is an
amount per annum calculated by-

   (a)  ascertaining the amount per annum that is such percentage of the
        person's final annual rate of salary as, having regard to the number
        of complete years included in the person's
        period of prospective service, is applicable in accordance with
        columns 1 and 3 of Schedule 6; and

   (b)  multiplying the amount so ascertained by such factor as, having regard
        to the number of complete years included in the person's period of
        contributory service, is applicable in accordance with Schedule 7.

(4) Where a person makes an election under sub-section (1) and the period of
prospective service of the person is less than 20 years, the annual rate of
the pension to which the person is entitled is such percentage of the person's
final annual rate of salary as, having regard to the number of complete years
included in the person's period of contributory service, is applicable in
accordance with columns 1 and 3 of Schedule 8.

(5) Where a person makes an election under sub-section (1), the lump sum
benefit to which the person is entitled is an amount, payable out of the Fund,
equal to the person's accumulated contributions.

(6) A person who makes an election under section 72 is not entitled to make an
election under sub-section (1) of this section.