32Preserved benefit

32 Preserved benefit

32 Preserved benefit

(1) A contributor who becomes entitled not less than 3 years after his or her entry date to be paid a benefit under section 30 or 31 (3) may elect to make provision for a benefit provided by this section.

(2) Where an election made by a contributor under subsection (1) takes effect, a benefit is not payable to, or in relation to, the contributor under any provision of this Act other than this section.

(3) Subject to subsection (3A), the benefit provided by subsection (5) is payable by the Board—

(a) when the contributor attains the early retirement age,

(b) if, before attaining that age—

(i) the contributor dies, or

(ii) having become a contributor to the State Public Service Superannuation Fund, the contributor is retrenched while contributing to that Fund, or

(c) on the Board’s being satisfied as provided by section 28 (1) (benefit on total and permanent disablement before age 60).

(3A) Subsection (3) does not apply to a contributor referred to in paragraph (b) (ii) of that subsection unless the periods during which the contributor contributed to the Fund and to the State Public Service Superannuation Fund were continuous.

(3B) Subject to subsection (3), the benefit provided by subsection (5) is payable—

(a) except where the contributor has died, to the contributor, or

(b) if the contributor has died and is survived by a spouse, to the spouse, or

(c) if the contributor has died but is not survived by a spouse—

(i) to the contributor’s legal personal representatives, or

(ii) where section 58 applies (payment without grant of probate etc) and the Board has made a decision under subsection (1) of that section, in accordance with subsection (2) of that section.

(4) The benefit provided by subsection (6) is payable by the Board to the contributor upon the contributor electing to take that benefit and the election taking effect—

(a) after the election made under subsection (1) takes effect, and