20ARights of employees over 40 years of age

#### 20A Rights of employees over 40 years of age (1) If the salary of an employee who has attained the age of forty years is increased and, by reason of the increase, the employee would, but for this subsection, be required to contribute for an additional unit or units of pension, he may, subject to section 22H, not later than six months after the date upon which his salary is increased, elect not to contribute for all or any of the additional units attributable to the increase, but, subject to section 20AB, a person is not entitled to make an election under this subsection after 30 June 1976. (2) If the prescribed amount is increased and, by reason of the increase, an employee who had attained the age of forty years before the date of the increase would, but for this subsection, be required to contribute for an additional unit or units of pension, he may, subject to section 22H, not later than six months after that date, elect not to contribute for all or any of the additional units attributable to the increase, but, subject to section 20AB, a person is not entitled to make an election under this subsection after 30 June 1976. (3) Where an employee who has attained the age of forty years is a contributor for a number of units of pension less than the difference between: (a) the number of units of pension ascertained in accordance with subsection (2) of section 20 as it applies in relation to him; and (b) the number of non‑contributory units of pension, if any, applicable in relation to him; he may elect to contribute for such number of additional units of pension as does not exceed the number by which that difference exceeds the number of units of pension for which he is a contributor, but a person is not entitled to make an election under this subsection after 12 February 1976. (4) An election under subsection (3) does not have effect unless the employee satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined by subsection (2) of section 147) likely to render him incapable of performing his duties before attaining the maximum age for retirement. (5) Any additional contribution payable by reason of an election under subsection (3) is payable as from the date of the election.