Document ID: chunk:federal_register_of_legislation:C2024C00825:section:22d:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 22D (pt 1/4)
Character Range: 77390–79817

22D  Election ineffective if number of contributory units is, or falls below, number of initial units
 (1) An election by an employee under section 22A does not have effect, and an election by an employee under section 22C does not have effect and shall be deemed not to have had effect, where:
 (a) in a case to which paragraphs (b), (c) and (d) do not apply—the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election is less than his initial unit entitlement;
 (b) in the case of an employee to whom section 67 applies—the sum of the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election and the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act is less than his initial unit entitlement;
 (c) in the case of an employee to whom section 69 applies or applied—the sum of the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election and the number of units of pension in respect of which his right referred to in section 68 is or was, under section 71 or section 72, commutable for new rights is less than his initial unit entitlement; or
 (d) in the case of an employee to whom paragraph (c) or paragraph (e) of subsection (1) of section 119H applies, the sum of:
 (i) the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election; and
 (ii) so many of the number of units of pension specified in relation to him in a determination by the Board under subparagraph (iii) or (iv) of paragraph (c) of subsection (3) of section 119J or paragraph (b) or (c) of subsection (2) of section 119K as are referable to the pension referred to in paragraph (c), or the deferred benefits referred to in paragraph (e), of subsection (1) of section 119H;
  is less than his initial unit entitlement.
 (2) An election by an employee under section 22B does not have effect, and shall be deemed not to have had effect, in relation to a unit of pension where, if it had effect in relation to that unit:
 (a) in a case to which paragraphs (b) and (c) do not apply—the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately