Document ID: chunk:federal_register_of_legislation:C2004A02415:body:0:p4
Version: federal_register_of_legislation:C2004A02415
Segment Type: other
Provision Reference: 
Character Range: 7232–9932

Northern Territory providing for pensions for members of the Legislative Assembly of the Northern Territory.".

Commutation of retiring allowance
8. Section 18b of the Principal Act is amended—
      (a) by omitting from sub-section (3) "a person to whom this section applies may, within 3 months after becoming entitled to a retiring allowance" and substituting "a person may, not earlier than 3 months before, and not later than 3 months after, becoming a person to whom this section applies"; and
      (b) by adding at the end thereof the following sub-sections:
      "(9) Notwithstanding anything contained in this section, where the Trust is of the opinion that a person who—
           (a) has become entitled to a retiring allowance; and
           (b) has made an election under sub-section (3) to convert the whole or a percentage of his retiring allowance to a lump sum payment in accordance with that sub-section,
      would, within 12 months after having become entitled to that retiring allowance, be likely to become a member again, the Trust shall direct that the operation of the election be deferred for such period, not exceeding 12 months, as the Trust determines.
      "(10) The Trust may at any time during the period of deferment of the operation of an election made under sub-section (3) reduce the period of deferment.

      "(11) During the period of deferment of the operation of an election made under sub-section (3) by a person, retiring allowance shall, subject to sub-section 20 (3), be paid to the person as if the election had not been made.
      "(12) Where, during the period of deferment of the operation of an election made under sub-section (3) by a person, the person becomes a member again, the election shall, for the purposes of this Act, be deemed never to have been made.
      "(13) Where, during the period of deferment of the operation of an election made under sub-section (3) by a person, the person does not become a member again, the lump sum payment that would have been payable to him in accordance with sub-section (3) but for the deferment shall be paid to him, but, in determining the amount by which the amount of the lump sum payment referred to in sub-section (4) is to be reduced in accordance with paragraph (5a) (b) or (6) (b), whichever is applicable, payments of retiring allowance made to him after the election was made shall be treated as having been made to him before the election was made.
      "(14) Where, during the period of deferment of the operation of an election made under sub-section (3) by a person, the person dies, the lump sum payment that would have been payable to him in accordance with sub-section (3) but