Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where an employee, or a pensioner who retires after the commencement of this section, is entitled to make an election under subsection (3) of section 19 to contribute for an additional unit of pension, the employee or pensioner may, subject to this Act, instead of making that election, elect that that additional unit of pension is to be applicable in relation to him as a non - contributory unit of pension.
(2) An election under this section shall, for the purposes of this Act, be deemed to have taken effect on the date on which the employee or pensioner attained the maximum age for retirement or the date of commencement of this section, whichever is the later.
(3) An election under this section does not have effect, and shall be deemed not to have had effect, in relation to a unit of pension unless the sum of:
(a) the fortnightly amount of the contributions (if any) that are payable or, where they have been previously paid, would be payable if they had not been so paid, by him to the Fund on the date of the election or, if that date is not a pay - day, that would be so payable if that date were a pay - day; and
(b) the fortnightly amount of the contributions that, if the employee or pensioner had on the date of the election made an election under subsection (3) of section 19 in relation to that unit, would be payable by him to the Fund in respect of that unit on that date or, if that date is not a pay - day, that would be so payable if that date were a pay - day;
exceeds three - one thousand and fortieths of his salary as at:
(c) in the case of an election by an employee--the date of the election; or
(d) in the case of an election by a pensioner--the time immediately after the increase in salary by virtue of which he became entitled to make the election.