Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p24
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 54720–57213

equivalent to that excess.

"(6) An election under paragraph (b) of sub-section (5) of this section does not have effect in relation to a prescribed employee unless, not later than 6 months after the date on which the election is made, he satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is a result of the service of the employee as a member of the Forces as defined in sub-section (2) of section 147 of this Act) likely to render him incapable of performing his duties before he attains the maximum age for retirement.

"(7) A prescribed employee to whom this section applies shall, for the purposes of this Act, be deemed to be a contributor—
    (a) in the case of an employee who was, immediately before the relevant date, a member of a superannuation scheme under the rules of which benefits were payable to him upon his retiring at the age of 60 years or at an earlier age—at rates based on a retiring age of 60 years; or
(b) in any other case—at rates based on a retiring age of 65 years.

"(8) Subject to sub-section (9) of this section, where at any time, the number of units of pension for which a prescribed employee is liable to contribute, or is to be deemed to be a contributor, to the Fund under sub-section (3) of this section exceeds the number of units of pension for which the employee would, apart from that sub-section, be required to contribute under section 20 of this Act, the employee is not entitled to contribute for any units, other than reserve units, in excess of the first- mentioned number of units.

"(9) Notwithstanding sub-section (8) of this section, section 20b of this Act applies, subject to sub-section (10) of this section, to and in relation to a prescribed employee in respect of a reduction of his salary or of the prescribed amount referred to in section 20 of this Act.

"(10) Nothing in this Act shall be taken to require or permit a reduction in the number of units of pension for which a prescribed employee is a contributor to a number that is less than the number of units of pension for which he is liable to contribute or for which he is to be deemed to be a contributor, under sub-section (3) of this section.

"(11) For the purposes of this section, where a prescribed employee was contributing to a superannuation scheme amounts of a kind referred to in paragraph (a) or (b) of the definition of 'prescribed amount' in sub-section (1) of section 100a