Superannuation Act 1922

In the event of the retrenchment of a contributor, he shall be entitled to receive the contributions paid by him, and the contributions to the fund which would have been made by the Commonwealth if the Commonwealth had, during the period throughout which the contributor had been contributing to the fund, been making such periodical contributions to the fund as are necessary to provide for the share of pension payable by the Commonwealth in respect of that contributor, and within one month after his retrenchment he may choose to receive payment either in the form of a lump sum or as a pension.

In default of such choice the Board shall determine in which form payment shall be made.

For the purposes of subsection (1), the contributions to the Fund that would have been made by the Commonwealth in respect of a non‑contributory unit of pension shall be calculated as if the contributor had been a contributor for that unit from the date when the unit became applicable in relation to him as a non‑contributory unit and he had contributed at the appropriate rate based on a retiring age of sixty‑five years.

Where an employee who has been retrenched and is in receipt of a pension again becomes an employee, the pension does not cease to be payable by reason that he has again become an employee.

This section does not apply in respect of the retrenchment of a contributor on or after 1 July 1976.