Document ID: chunk:federal_register_of_legislation:C2024C00825:section:119u:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 119U (pt 1/2)
Character Range: 386716–389241

119U  Election that Division apply
 (1) Subject to this section, where, after the commencement of this section:
 (a) a contributor to the Fund who has not attained the age of sixty years ceases to be such a contributor by reason of his resignation or discharge; or
 (b) a contributor to the Provident Account ceases to be such a contributor:
 (i) by reason of his resignation or discharge before he attains the age of sixty years; or
 (ii) by reason of his being allowed by the Board to contribute to the Fund under Part III;
he may, within twenty‑one days after he ceases to be such a contributor, elect that this Division shall apply in relation to him.
 (2) The Board may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period for the making of an election under the last preceding subsection.
 (3) If a person makes an election for the purposes of this section within one month before he ceases to be a contributor to the Fund or to the Provident Account, the election has effect as if it had been made on the day after he ceased to be such a contributor.
 (4) Subject to subsection (5), an election under this section (other than an election that the person became entitled to make by reason of the operation of subparagraph (ii) of paragraph (b) of subsection (1)) is of no effect unless the person who made the election gives notice in writing to the Board within twenty‑one days, or within such longer period as the Board allows, after the expiration of the period that is the prescribed period in relation to him:
 (a) stating whether he was employed at the expiration of that prescribed period and, if so, the name and address of his employer; and
 (b) stating whether he was at the expiration of that prescribed period a member of a superannuation scheme applicable in relation to that employment and, if so, specifying the scheme concerned.
 (5) Subsection (4) does not apply if the person who made the election dies before the expiration of the period for the giving of a notice by him under that subsection and without having given such a notice.
 (6) Where a person who is entitled to make an election under this section dies within the period referred to in subsection (1) or within any period for which that period has been extended under subsection (2) without making such an election:
 (a) if the person leaves a widow or widower—the widow or widower may make such an election within twenty‑one days after the date of the death of the person; or
 (b) if the