Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:13:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 13 (pt 1/2)
Character Range: 59010–61352

13  Benefits on retirement for redundancy or retrenchment or on completion of limited tenure appointment or on attaining retiring age of less than 55 years
 (1) Where a member is retired on the ground of redundancy or retrenchment or on completion of a limited tenure appointment and he or she is not entitled to an invalidity pension:
 (a) subject to Part 10, his or her member benefit is payable to him or her as a lump sum, in accordance with Part 11; and
 (b) there is applicable to him or her a preserved benefit of the amount of his or her employer benefit.
 (2) Where a member retires and, on that retirement:
 (a) he or she has reached his or her retiring age; and
 (b) that retiring age is less than 55 years; and
 (c) he or she is not entitled to an invalidity pension;
then:
 (d) subject to Part 10, his or her member benefit is payable to him or her as a lump sum, in accordance with Part 11; and
 (e) there is applicable to him or her a preserved benefit of the amount of his or her employer benefit.
 (3) A person who is entitled to be paid a member benefit under paragraph (1)(a) or (2) (d) may elect that, instead of that benefit being paid to him or her, there be applicable to him or her a preserved benefit of the amount of the member benefit and if he or she so elects:
 (a) the member benefit is not payable to him or her as a lump sum; and
 (b) there is applicable to him or her a preserved benefit of that amount.
 (4) A person to whom a preserved benefit is applicable under paragraph (1)(b) or (2) (e) may elect that, instead of that benefit being so preserved, it be converted into a pension payable to him or her and if he or she so elects:
 (a) a preserved benefit of the amount of the benefit is not applicable to him or her; and
 (b) subject to Parts 10 and 10A, the benefit is converted into a pension payable to him or her.
 (5) Where:
 (a) a member retired and, on that retirement, subrule (2) applied to him or her; and
 (b) he or she again became a member and again retires; and
 (c) on the last‑mentioned retirement the member is not entitled to an invalidity pension;
then, for the purposes of these Rules, the person is taken to be a person to whom subrule (2) applies.
 (6) If a person who is entitled to be paid a member benefit under paragraph 1 (a) or 2 (d):
 (a) does not request that the benefit be