33Entitlement to benefits

33 Entitlement to benefits

S. 33(1) amended by No. 10258 s. 9(a).

(1) Every member shall be entitled to benefits on his retirement on or after attaining the age of 55 years.

(2) Subject to this Act upon the retirement of a member on the grounds of disability he shall be entitled to benefits.

S. 33(3) inserted by No. 10258 s. 10(q), amended by No. 46/1998

(3) If a member resigns and is subsequently employed by a person or body approved by the Minister for the purposes of this subsection, the member may in lieu of then receiving benefits under this Act authorize the Board to make arrangements for such contributions to the Board as are specified in the arrangements to be deducted from the member's salary and the Board, with the consent of the Minister, may make such arrangements and agree as to the amount of the benefit entitlements of the member under this Act, the conditions under which those entitlements will be payable and the amount to be paid by the employer to the Board in respect of those entitlements.

S. 33(4) inserted by No. 10258 s. 10(q), substituted by Nos 58/1987 s. 11(1)(g)(i), 81/1988 s. 20.

(4) A member who ceases to be an employee and within a period of 4 weeks resumes employment with an employer is not entitled to benefits on account of ceasing to be an employee within the meaning of this Act.

S. 33(5) inserted by No. 10258 s. 10(q), amended by No. 58/1987 s. 11(1)(g)(ii), substituted by No. 81/1988 s. 20.

(5) The Board must notify in writing a member to whom subsection (4) applies of his or her right to make an election under subsection (6).

S. 33(6) inserted by No. 10258 s. 10(q), substituted by No. 81/1988 s. 20.

(6) Within one month of being notified by the Board the member must elect in writing to do one of the following—

(a) to continue to contribute in accordance with this Act;

(b) subject to section 75(2), to transfer to the State Superannuation Fund if eligible to do so;

(c) subject to section 75(2), to transfer to the Transport Superannuation Fund if eligible to do so.

S. 34 amended by Nos 9978 s. 7(1)(a)–(c), 10258 ss 9(b), 10(r), 72/1990 s. 9, substituted by No. 87/1992 s. 18.