21DLimitations on elections under section 21C

#### 21D Limitations on elections under section 21C 21D Limitations on elections under section 21C > > (1) Subject to this section, a person may not make an election under section 21C relating to a pension under this Act after the expiration of 6 months after— > > > > > (a) the day on which the person attained the age of 55 years, or > > > > > (b) the day on which the person became entitled to that pension, > > > > whichever is the later day. > > > (2) Subject to this section, if a person makes an election under section 23BA to take up additional units, the person may not make an election under section 21C in respect only of the pension payable in respect of those additional units after the expiration of 6 months after— > > > > > (a) the day on which the person attained the age of 55 years, or > > > > > (b) the day on which the person made the election under section 23BA, > > > > whichever is the later day. > > > (3) Where— > > > > > (a) an election under section 21C was not made within the time prescribed in respect thereof by the provisions of subsections (1) and (2), > > > > > (b) it is proved to the satisfaction of STC that the election was not made within that time because— > > > > > > > (i) the person entitled to make the election did not know of the right to make the election, or > > > > > > > (ii) circumstances substantially beyond the control of the person prevented the making of the election, and > > > > > (c) STC is satisfied that, in the circumstances of the case, it is desirable that the election should be accepted, > > > > STC may, subject to such terms and conditions as it may impose, accept the election and deal with it as if that time had been indefinitely extended. > > > (4) Where— > > > > > (a) a pension became payable to a person before the person attained the age of 60 years, > > > > > (b) the person has attained the age of 59 years and 6 months, and > > > > > (c) the person, although entitled to do so, has not previously made an election under section 21C (being an election which has taken effect) to commute the whole or any part of that pension, > > > > the person may make an election under that section in relation to that pension before the expiration of the period of 6 months after the day on which the person attains or attained the age of 60 years. > > **s 21D:** Ins 1985 No 46, Sch 1 (4). Am 1985 No 155, Sch 1 (13); 1996 No 39, Sch 4; 1998 No 34, Sch 1.7 \[3\]; 1998 No 144, Sch 2.5 \[19\] \[20\].