138Persons precluded from transferring to MSB scheme

#### 138 Persons precluded from transferring to MSB scheme (1) This section applies to: (a) an eligible member of the Defence Force who: (i) made an election under subsection 21(1), paragraph 63(1)(d) or subsection 64(1) or 89(1) or (2); and (ii) elects under section 132 to become a member of the MSB scheme; or (b) an eligible member of the Defence Force who is liable to pay an amount to the Commonwealth under section 137. (2) Subject to subsections (3) and (4), a person to whom this section applies ceases to be an eligible member of the Defence Force: (a) in the case of a person referred to in paragraph (1)(a)—at the end of the day on which the total amount that the person is required to pay to the Commonwealth under subsection 21(3), 63(2), 64(2) or 89(4) (as the case may be) is fully paid; or (b) in the case of a person referred to in paragraph (1)(b)—at the end of the day on which the total amount that the person is liable to pay under section 137 is fully paid. (3) Where, apart from this subsection, a person would cease under subsection (2) to be an eligible member of the Defence Force before 30 September 1991, the person ceases to be an eligible member of the Defence Force at the end of 30 September 1991. (4) If a person to whom this section applies has not, on or before 30 September 1992, paid to the Commonwealth: (a) in the case of a person referred to in paragraph (1)(a)—the total amount that the person is required to pay to the Commonwealth under subsection 21(3), 63(2), 64(2) or 89(4) (as the case may be); or (b) in the case of a person referred to in paragraph (1)(b)—the total amount that the person is liable to pay to the Commonwealth under section 137; the person is taken: (c) not to have elected under section 132 to become a member of the MSB scheme; and (d) to have elected under that section to continue to be a contributing member.