Document ID: chunk:federal_register_of_legislation:C2024C00651:section:20:p3
Version: federal_register_of_legislation:C2024C00651
Segment Type: section
Provision Reference: s 20 (pt 3/4)
Character Range: 120343–122906

before he or she became entitled to that amount from being taken into account for the purposes of determining his or her rights in respect of any further benefit under this Act.
 (2D) Where a person who has contracted with the Trust under subsection (1), or has made an election under subsection (2A) or (2B), to repay an amount to the Commonwealth elects under subsection 18B(3) to convert a percentage of the retiring allowance to which he or she is entitled into a lump sum payment, there shall be deducted from that lump sum payment so much (if any) of the amount as remains to be paid under the contract or in pursuance of the election and, upon the deduction being made, the person is, to the extent of the amount deducted, discharged from further liability to make repayments under the contract or in pursuance of the election.
 (3) Where a person who is entitled to a retiring allowance in respect of his or her service as a member (whether or not the retiring allowance is immediately payable) again becomes a member, the retiring allowance shall be cancelled, and, subject to subsections (3A) and (3D), thereafter his or her rights and liabilities under this Act shall be the same as if he or she had never been entitled to a retiring allowance.
 (3A) Where:
 (a) a person who has elected (including a person who has elected on more than one occasion) to convert into a lump sum payment a percentage of a retiring allowance to which he or she was entitled again becomes a member; and
 (b) the person subsequently becomes entitled to a retiring allowance;
the annual amount of the last‑mentioned retiring allowance shall be reduced by:
 (c) if the person previously elected on more than one occasion to convert into a lump sum payment a percentage of the retiring allowance to which he or she was entitled—an amount equal to the total of the annual amounts by which the respective retiring allowances to which he or she was previously entitled were reduced by reason of the elections; or
 (d) if the person previously elected on only one occasion to convert into a lump sum payment a percentage of the retiring allowance to which he or she was entitled—the annual amount by which that retiring allowance was reduced by reason of the election.
 (3B) Subsection (3A) does not apply to an election under subsection 18A(1).
 (3C) A reference in subsection (3A) to a retiring allowance to which a person was entitled shall be construed as a reference to the retiring allowance to which he or she was entitled at the time when he or she became entitled to that