17Refund of deductions

#### 17 Refund of deductions 17 Refund of deductions > > (1) Subject to this section, where a member of the police force resigns, or is dismissed, or a probationary member, not being entitled to be granted a gratuity or annual superannuation allowance under this Act, is discharged, there shall be paid to that member from the Fund a lump sum equal to the difference between— > > > > > (a) the total of all amounts deducted under this Act from that member’s salary of office, with the addition of interest on those amounts— > > > > > > > (i) in the case of a member who resigned or was discharged (but not in the case of a member who was dismissed)—at the rate of 4.5 per cent per annum compounded on 30 June in each year of that member’s service during the period beginning with 23 November 1984 and ending with 30 June 1990, and also compounded on the date of the member’s resignation or discharge if it occurred during that period, and > > > > > > > (ii) in the case of all members—at the rate from time to time fixed by STC under section 16 of the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211), compounded on 30 June in each year of the member’s service from and including 1 July 1990, and also compounded on the date of that member’s resignation, dismissal or discharge if it occurs on or after 1 July 1990, and > > > > > (b) any amount received by that member as superannuation allowance or gratuity before his or her resignation, dismissal or discharge. > > > (1A) For the purposes of subsection (1) (a) (ii)— > > > > > (a) interest shall not be paid in respect of any period before the day appointed and notified under section 2 (2) of the [Police Regulation (Superannuation) Amendment Act 1984](/view/pdf/asmade/act-1984-73), and any amounts deducted from the salary of office of a member of the police force before that day shall be deemed to have been so deducted on that day, and > > > > > (b) interest on amounts deducted at different times during the period in respect of which the interest is to be calculated shall, subject to subsection (1) (a) (ii), be calculated in a manner determined by STC. > > > (2) The amount payable to a member or probationary member of the police force under subsection (1) shall be not less than the amount of deductions made from the member’s salary of office after any amount was last received by the member under this Act as superannuation allowance or gratuity. > > > (3) Where any member or probationary member of the police force who has resigned, or has been dismissed or discharged and has received the amount payable to the member under subsection (1), is thereafter re-appointed to the police force, the member shall not be entitled to claim any further benefit from the Fund in respect of the member’s previous service in the police force unless that amount is repaid to the Fund before the expiration of the period of 6 months immediately after— > > > > > (a) the day appointed and notified under section 2 (2) of the [Police Regulation (Superannuation) Amendment Act 1984](/view/pdf/asmade/act-1984-73), or > > > > > (b) the date of that re-appointment, > > > > whichever is the later. > > > (4) If a former member of the police force who has resigned has received a lump sum under subsection (1) and subsequently there becomes payable to the former member— > > > > > (a) a superannuation allowance under section 10, or a commuted superannuation allowance under section 10C or 14K, as a result of having been hurt on duty while a member of the police force, or > > > > > (b) a superannuation allowance under section 7, or a gratuity under section 14, as a result of the former member having been discharged under section 8, > > > > the lump sum is to be deducted from that allowance, commuted allowance or gratuity in such instalments and at such times as STC determines. > > **s 17:** Ins 1974 No 46, sec 9 (n). Am 1979 No 133, Sch 1 (19); 1984 No 73, Sch 1 (25); 1986 No 16, Sch 23; 1988 No 134, Sch 1 (18); 1991 No 17, Sch 1; 1991 No 95, Sch 5 (10); 1996 No 39, Sch 4; 1999 No 86, Sch 2.3 \[2\].