Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p37
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 85018–87460

prescribed employee dies, and a pension is payable to or in relation to him, the pension shall be paid from the Fund and there is payable to the Fund out of the Consolidated Revenue Fund an amount equal to the amount by which the proportion of each payment of the pension equivalent to the contributions made by or in respect of the prescribed employee is less than the proportion of each payment of the pension that is payable otherwise than by the Commonwealth under section 33 of this Act.

Rights of certain State employees.
"107k. (1) This section applies to a State employee (other than a prescribed employee) who is, or, but for this section, would be, a contributor to the Fund.

"(2) If at any time the number of units of pension for which a State employee to whom this section applies would, but for this section, be required by section 20 of this Act to contribute to the Fund does not exceed the number of units of pension (including, where necessary, a fraction of a unit) determined by the Board to be the number of units of pension that would entitle that employee to benefits equivalent to the benefits to which he would be entitled under the law of the State as in force at the relevant date if he had continued to contribute to the State Fund at the rate at which he was contributing to the State Fund immediately before the relevant date, the employee shall not be required or permitted to contribute to the Fund at that time in respect of units of pension.

"(3) If at any time the number of units of pension for which a State employee to whom this section applies would, but for this section, be required by section 20 of this Act to contribute to the Fund exceeds the number of units of pension determined by the Board for the purpose of sub-section (2) of this section, the employee shall not be required or permitted to contribute to the Fund at that time in respect of a number of units of pension greater than the excess.

"(4) In the application of Division 2 of Part Xa to and in relation to a State employee to whom this section applies, a reference in that Division to the number of units of pension for which he would, but for that Division, be required to contribute to the Fund shall be read as a reference to the number of units of pension ascertained by subtracting from the number of units of pension for which he would, but for this section and for that Division, be required to contribute to the Fund the