Document ID: chunk:federal_register_of_legislation:F2005C00642:reg:111:p2
Version: federal_register_of_legislation:F2005C00642
Segment Type: reg
Provision Reference: reg 111 (pt 2/16)
Character Range: 41293–44001

State Act means the Superannuation Act, 1916, of the State of New South Wales.
         State scheme means the superannuation scheme constituted by the State Act as amended and in force at the relevant time.
         State employment, in relation to a person who is a relevant eligible employee (whether or not he or she is a prescribed eligible employee), means the employment in which that person was engaged immediately before he or she became a relevant eligible employee.
         transfer day means 31 March 1977.
          '(2) In this Division:
          (a) a reference, in relation to a relevant eligible employee, to the transfer value payable to or in respect of the member under the State scheme upon the termination of his or her State employment is a reference to a benefit consisting solely of a lump sum payable to or in respect of the member under that scheme upon the termination of his or her State employment otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of the employment;

          (b) a reference to the amount of a transfer value to which paragraph (a) applies does not include a reference to any part of the lump sum that was based on contributions by the member that were of a similar nature to supplementary contributions under this Act or to contributions under the superseded Act for reserve units of pension; and
          (c) a reference to the employer component of the annual rate of pension to which a person would have been entitled under the State scheme is a reference to so much of the annual rate of pension to which he or she would have been so entitled as would have been based upon contributions made under the State scheme by the employer of that person.
         '128

          (1) Where:
          (a) upon the termination of a relevant eligible employee's State employment, a transfer value is payable to the relevant eligible employee under the State scheme; and
          (b) an amount equal to the amount of that transfer value is paid by, or on behalf of, the relevant eligible employee to the Commissioner;
         the succeeding provisions of this section have effect.

          '(2) Where an amount (in this section referred to as the transferred amount) has been paid by or on behalf of a person to the Commissioner under subsection (1):
          (a) so much of the transferred amount as is equal to the employee component of the transfer value shall be paid by the Commissioner into the Superannuation Fund, and, for the purposes of this Act, the amount so paid by the Commissioner into the Superannuation Fund shall, subject to subsection (3), be deemed to be basic contributions paid by the