Document ID: chunk:federal_register_of_legislation:C2024C00825:section:71:p2
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 71 (pt 2/2)
Character Range: 197769–199688

centum of the pension which would have been payable to him on retirement if he had not transferred his right; and
 (b) on his death:
 (i) a pension for his widow equal to thirty‑six and one quarter per centum of the pension which would have been payable to him if he had not transferred his right to the Board and had retired immediately prior to his death; and
 (ii) a pension for each of his children who are under the age of sixteen years, at the rate of $26 per annum, until the age of sixteen has been attained.
 (1E) Where, at the commencement of this subsection, a person is in receipt of a pension under this section and the amount of the pension is less than it would have been if it had been calculated in accordance with subsection (1D), that pension shall, as from the commencement of this subsection, be increased to an amount calculated in accordance with subsection (1D), and the amount of any pension payable on his death for his widow or children, or for both, shall be calculated in accordance with subsection (1D).
 (2) Where any agreement is made under this section, the employee shall contribute to the Fund to the extent to which he was contributing in respect of his right prior to its being transferred under this section.
 (3) Notwithstanding anything in the preceding provisions of this section, an employee is not entitled to make an application under subsection (1C) after 31 July 1976 and:
 (a) any application made under that subsection on or after 1 July 1976 and on or before 31 July 1976 shall be made to the Commissioner for Superannuation and this section shall have effect in relation to the application as if references in this section to the Board were references to the Commissioner for Superannuation; and
 (b) any application made under that subsection after the pay‑day last preceding 1 July 1976 and on or before 31 July 1976 shall be deemed to have been made on that pay‑day.