Document ID: chunk:federal_register_of_legislation:C2004A05281:clause:1_74
Version: federal_register_of_legislation:C2004A05281
Segment Type: clause
Provision Reference: sch 1 cl 74
Character Range: 23089–24062

74  After subsection 136(3)
Insert:
 (3A) A person:
 (a) who is entitled to a deferred benefit referred to in paragraph (2)(b); and
 (b) whose surcharge debt account is in debit when the benefit becomes payable to him or her;
may, not later than 3 months                    after, but not earlier than 3 months before, the benefit becomes payable, by notice in writing given to the Board, elect that the benefit be adjusted to take the person's surcharge deduction amount into account.
 (3B) A person:
 (a) who, by virtue of an election (first election) under this Act, is entitled to a deferred benefit referred to in paragraph (2)(c) or (g); and
 (b) whose surcharge debt account is in debit when the benefit becomes payable to him or her;
may, within the period during which the first election may be made, elect in writing that the surcharge deduction amount in relation to him or her not be deducted from any deferred benefit payable by way of pension to the person.