Document ID: chunk:federal_register_of_legislation:C2024C00465:section:32a:p2
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 32A (pt 2/3)
Character Range: 74138–76697

zero as a number) of whole periods of 12 months between 30 June 1982 and the date of retirement of the member of the scheme is less than 20—that number of periods; or
 (b) in any other case—20.
 (5) Where a member of the scheme to whom this section applies makes an election under this section, then, subject to subsections (7) and (8):
 (a) there shall be paid to him by the Commonwealth an amount equal to the amount specified in the election as the amount that is to be payable to him by virtue of the commutation; and
 (b) the amount per annum of the invalidity pay payable to him, on and after the day on which the election takes effect, is the amount per annum that, but for this paragraph and subsection 98K(1), would be payable reduced by an amount calculated by dividing the amount referred to in paragraph (a) by the expectation of life factor that, having regard to the age and sex of the person on the day on which the election takes effect, is applicable to him under Schedule 3.
 (5A) If a member of the scheme:
 (a) makes an election under this section before becoming entitled to invalidity pay; and
 (b) is subsequently classified otherwise than as Class C under section 30;
the election has no effect.
 (6) For the purposes of this section, an election shall be deemed to have been made, and shall take effect, on the day on which the notice of election is received by CSC or the day following the day on which the member of the scheme retires, whichever is the later.
 (7) If:
 (a) a member of the scheme makes an election under this section (first election); and
 (b) the member's surcharge debt account is in debit when invalidity pay becomes payable to the member; and
 (c) the member also makes an election under subsection 124(1);
the following provisions apply:
 (d) the Commonwealth must pay to the member the difference between the amount (specified amount) specified in the first election as the amount that is to be payable to the member by virtue of the commutation and:
 (i) the member's surcharge deduction amount; or
 (ii) if the member's surcharge deduction amount exceeds the specified amount—so much of the surcharge deduction amount as does not exceed the specified amount;
 (e) the amount per annum of the invalidity pay payable to the member, on and after the day on which the first election takes effect, is:
 (i) if subparagraph (ii) does not apply—the amount per annum referred to in paragraph (5)(b); or
 (ii) if the member's surcharge deduction amount exceeds the specified amount—the amount per annum worked out by