Removal of waiting period (section 91)
40 Removal of waiting period (section 91)
This clause applies in respect of an election to commute a pension under this Act that was made by a person under section 21C within the period of 6 months before the date of assent to the Superannuation Legislation Amendment Act 2000 (the commencement date).
If, at the commencement date, the person who made the election is entitled to commute the pension under section 21C and the election has not yet taken effect (and has not been revoked), the election is taken to take effect on the commencement date.
If, at the commencement date, the person who made the election is not entitled to commute the pension under section 21C, because the person has not yet attained the age of 55 years, the election is taken to take effect on the date that the person attains the age of 55 years, unless sooner revoked.
If the person who made the election died before the commencement date, having attained the age of 55 years, the election is taken to have taken effect the day before the person died, and section 21C (7) applies accordingly.
If the person who made the election died before the commencement date, without having attained the age of 55 years, the election is taken to be revoked.
This clause applies despite any determination made by STC in respect of the election before the commencement date.
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