Superannuation (Public Employees Portability) Act 1985

A person who—

ceases to be a contributor to an approved superannuation scheme by reason of—

voluntary resignation from employment; or

being retrenched; or, as the case may be,

ceasing to be a member of the Legislative Assembly;

and who within a period of 3 months after the person ceases to be a contributor again becomes an eligible officer; or

being an eligible officer and being a contributor to the scheme under the Superannuation (State Public Sector) Act 1990, ceases to be such a contributor;

is, subject to this section, entitled to elect to forgo all the person’s entitlements under the scheme, other than the entitlement prescribed by this part, arising by reason of ceasing to be a contributor to the scheme.

A person shall not be entitled to make an election referred to in subsection (1) if at the time of the occurrence of the event in relation to which the question of the person so electing arises the person has not attained the age of 20 years or, where some other age is prescribed by regulation in respect of the scheme concerned, that age.

An election referred to in subsection (1)—

shall be made by notice in writing given to the administrators of the scheme concerned; and

shall be made—

in the case of a person described in subsection (1)(a)—within 3 months after the elector again becomes an eligible officer; or

in the case of a person described in subsection (1)(b)—within 3 months after the elector ceases to be a contributor to the scheme concerned;

if it is to have any force and effect.