119KRights of contributors in other cases

#### 119K Rights of contributors in other cases (1) This section applies in relation to a person: (a) in relation to whom section 119H applies but in relation to whom the last preceding section does not apply; and (b) who is a contributor to the Fund. (2) If at any time the number of units of pension for which a person in relation to whom this section applies would, but for this Division, be required to contribute to the Fund does not exceed the sum of: (a) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to the amount of any transfer value, or the total of the amounts of any transfer values, referred to in paragraphs (a) and (b) of subsection (1) of section 119H that is or are, or would have become, payable to him; (b) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to any pension or pensions referred to in paragraphs (c) and (d) of that subsection that is or are, or would have become, payable to him; (c) such number of units of pension (including, where necessary, a fraction of a unit of pension) as the Board determines to have been equivalent, as at the date on which the person became an employee, to any deferred benefits referred to in paragraphs (e) and (f) of that subsection that are, or would have become, applicable in respect of him; and (d) in the case of a person who becomes a contributor after the commencement of this section and was, immediately before becoming an employee, a contributor to a Public Service Superannuation Fund within the meaning of Part VIII, other than a person to whom that Part does not apply by reason of the operation of subsection (1) of section 110C—the number of units of pension determined by the Board in relation to him under subsection (3) of section 109 or, if that section does not apply in relation to him, the number of units of pension that would have been determined by the Board in relation to him under subsection (2) of section 110 if that last‑mentioned section were applicable in relation to him; the person shall not be required or permitted to contribute to the Fund at that time in respect of units of pension. (3) If at any time the number of units of pension for which a person in relation to whom this section applies would, but for this Division, be required to contribute to the Fund exceeds the sum referred to in subsection (2), the person shall not be required or permitted to contribute to the Fund at that time in respect of a number of units of pension greater than the excess. (4) A determination made for the purposes of this section in relation to a person who has not made an election under section 24 may specify different numbers of units of pension as having been equivalent to the amount of a transfer value or the total of the amounts of any transfer values, or as having been equivalent to any pension or deferred benefits, according to whether or not the person makes such an election after the determination is made. (5) Where: (a) a transfer value became payable to or in respect of a person in accordance with paragraph (a) of subsection (1) of section 119H; and (b) a transfer value of a greater amount would have become so payable but for the doing of, or the failure to do, any act or thing referred to in paragraph (b) of that subsection; the amount of the first‑mentioned transfer value shall not be taken into account for the purposes of paragraph (a) of subsection (2) of this section. (6) Where: (a) a transfer value became payable to or in respect of a person in accordance with paragraph (a) of subsection (1) of section 119; and (b) a transfer value of a smaller amount would have become so payable but for the doing of, or the failure to do, any act or thing referred to in paragraph (b) of that subsection; the amount of the last‑mentioned transfer value shall not be taken into account for the purposes of paragraph (a) of subsection (2) of this section.