Section 35A: Payment of benefit into bank account

35A. Payment of benefit into bank account (1) A benefit may, upon the written request of the person entitled to it, be paid to a bank to be credited to his bank account. (2) Subject to subsection (3), where a benefit has been paid into a bank account under subsection (1), and it is subsequently found by the National Pensions Officer that the benefit should not have been so paid, the bank shall, on written notice to that effect by the National Pensions Officer, refund the amount so paid to the Fund and debit the bank account accordingly. (3) (a) Where the bank account is closed, the bank shall not be required to refund to the Fund the amount paid under subsection (1). (b) Where the amount standing in the bank account is less than the amount paid under subsection (1), the bank shall refund only the amount standing in the bank account. (4) Notwithstanding any other enactment but subject to subsection (5), where a refund is made under this section, no action shall lie against the bank in respect of the amount so refunded. (5) Subsection (3) shall not prejudice the right of any interested person to claim from the Fund the amount refunded to it under this section. continued on page N21 – 23 N21 – 22 (1) [Issue 5] Revised Laws of Mauritius