Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p4
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 7305–9769

before the expiration of the period referred to in sub-section (2) of this section,
the person (if any) who, by virtue of sub-section (4) of this section, is eligible to make an election under this sub-section may, within a period of 3 months after the death of the deceased person or within such further period as the Board (or, on and after 1 July 1976, the Commissioner for Superannuation), in special circumstances, allows, make any election to which this section applies that could have been made by the deceased person but which was not made by him and, if the person so eligible makes such an election, this Act has effect, and shall be deemed to have had effect, as if the election had been made by the deceased person before he ceased to be an employee.

"(4) For the purposes of sub-section (3) of this section, the person who is eligible to make an election under that sub-section is—
(a) if the deceased person left a widow or widower—the widow or widower; or
    (b) in any other case—such person (if any) as the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) determines.

"(5) Where an election is made under sub-section (1) of section 22a of this Act by virtue of sub-section (2) or (3) of this section by or in respect of a person in respect of whom this section applies, the election shall specify the date as from which the election is to have effect, being a date not earlier than 5 February 1976 and not later than the date on which the person ceased to be an employee, and, for the purposes of sub-section (2) of section 22a of this Act, the date so specified shall be deemed to be the date of the election.

Rights of employees over 40 years of age.
9. Section 20a of the Principal Act is amended—

    (a) by adding at the end of sub-section (1) the words ", but, subject to section 20ab of this Act, a person is not entitled to make an election under this sub-section after 30 June 1976".
    (b) by adding at the end of sub-section (2) the words ", but, subject to section 20ab of this Act, a person is not entitled to make an election under this sub-section after 30 June 1976"; and
    (c) by adding at the end of sub-section (3) the words ", but a person is not entitled to make an election under this sub-section after 12 February 1976".

Election to take up rejected units as noncontributory units.
10. Section 22a of the Principal Act is amended—

    (a) by adding at the end of sub-section (1) the words