21Certain persons may elect to be subject to this Part

21 Certain persons may elect to be subject to this Part

(1) A person who is a member at the date of commencement of this Part and is a person to whom and in relation to whom the Parliamentary Contributory Superannuation Act 1962 applies may within three months after that date elect by notice in writing served on the secretary to be subject to the provisions of this Part.

(2) Subject to this section where a person makes an election under subsection (1) the provisions of the Parliamentary Contributory Superannuation Act 1962 shall cease to apply to and in relation to him and he shall from the date of the service of the notice under subsection (1) on the secretary be a person to whom this Part applies.

S. 21(3) amended by No. 27/2001 s. 5(Sch. 3 item 3.7).

(3) Where a person who had made an election under subsection (1) or the surviving partner of such person, becomes entitled to a pension or other benefit under this Part that person or surviving partner, as the case requires, may within one month of becoming so entitled elect by notice in writing served on the secretary to receive the pension or other benefit to which that person or surviving partner, as the case requires, would if an election under subsection (1) had not been made, have been entitled under the Parliamentary Contributory Superannuation Act 1962.

S. 21(4) amended by No. 27/2001 s. 5(Sch. 3 item 3.7).

(4) Where a person or surviving partner makes an election under subsection (3) that person or surviving partner, as the case requires, shall from the date of becoming entitled to a pension or benefit under this Part, be entitled to the pension or benefit to which that person or surviving partner, as the case requires, would if an election under subsection (1) had not been made have been entitled under the Parliamentary Contributory Superannuation Act 1962 and shall not be entitled to a pension or benefit under this Part.

Pt 2 Div. 3 (Heading and ss 21A–21C) inserted by No. 22/1996 s. 28.

Division 3—New benefits scheme

S. 21A inserted by No. 22/1996 s. 28.