CTHIn ForceAct
Superannuation Act 1922
67Certain pensioners who become employees not to contribute except in respect of difference
Start here
Get a plain-English read of 67
Turn the raw legal text into a practical explanation grounded in Superannuation Act 1922.
#### 67 Certain pensioners who become employees not to contribute except in respect of difference
(1) Notwithstanding anything contained in this Act, where a person who is in receipt of a pension under this Act (other than a pension under section 45, section 46 or section 47) becomes an employee, he shall not contribute for units of pension under this Act (other than units for which he commenced to contribute before he so became an employee) except as provided by this section.
(2) Where the sum of the number of units of pension in respect of which an employee referred to in subsection (1) is in receipt of a pension under this Act and the number of units of pension (if any) under this Act for which he is a contributor and for which he commenced to contribute before he became an employee is less than the number of units of pension ascertained in accordance with subsection (2) of section 20 as it would apply in relation to him if he were not in receipt of a pension under this Act, the employee may, within the prescribed time, elect to come under this Act for the purpose of the difference.
(3) If an employee elects under subsection (2) to come under this Act for the purpose of the difference, this Act applies, for the purpose of that difference, as if he were an employee not in receipt of a pension under this Act except that:
(a) the employee shall not contribute in respect of a number of units of pension exceeding the difference; and
(b) the contributions for the difference are payable as from the date of the election.
(4) For the purposes of this section, the difference is the difference between:
(a) the sum of the number of units of pension in respect of which the employee is in receipt of a pension under this Act and the number of units of pension (if any) under this Act for which he is a contributor and for which he commenced to contribute before he became an employee; and
(b) the number of units of pension ascertained in accordance with subsection (2) of section 20 as it would apply from time to time in relation to him if he were not in receipt of a pension under this Act.
(5) Notwithstanding anything in the preceding provisions of this section, an employee is not entitled to make an election under subsection (2) after 31 July 1976, and any election made after the pay‑day last preceding 1 July 1976 and on or before 31 July 1976 shall be deemed to have been made on that pay‑day.