Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p9
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 19687–22418

to the person under that Act and as if it were a benefit payable under that Act; and

    (b) may apply the provisions of that Act (other than the provisions of Part 7 of the Rules) subject to such modifications and adaptations as are prescribed by the rules, in relation to such a benefit; and

    (c) may make such other provision, not inconsistent with this Division, as is necessary or convenient to be made for carrying out or giving effect to the purpose specified in paragraph (a).

"(2B) In subsection (2A):

'Rules' has the same meaning as in the Superannuation Act 1990.".

After subsection 62(3):

Insert:

"(3A) The provision that may be made by the rules pursuant to subsection (2A):

    (a) is not to enable an election referred to in that subsection to be made by a person:

        (i) who did not become, upon retirement under section 59, entitled to a pension under the Superannuation Act 1990; or

        (ii) who has made an election under that Act as a result of which he or she has become entitled to receive, as a lump sum benefit, all the benefits to which, but for the election, he or she would be entitled under that Act because of his or her retirement under section 59; and

    (b) is to include provision for an election referred to in subsection (2A) to become void if the person who made the election

SCHEDULE—continued

    subsequently makes an election under that Act as a result of which he or she becomes entitled to receive, as a lump sum benefit, all the benefits to which, but for that last-mentioned election, he or she would be entitled under that Act because of his or her retirement under section 59.".

After paragraph 62(4)(a):

Insert:

     "(ab) in the case of a payment of a pension benefit that is payable as if it were a pension benefit payable under the Superannuation Act 1990—out of the Consolidated Revenue Fund, in accordance with the appropriation of that Fund made by that Act for the payments of benefits under that Act, as if it were a payment of a pension benefit under that Act; or".

Paragraph 62(4)(b):

After "(a)" insert "or (ab)".

Subsection 62(5):

Omit "subsection (2)", substitute "subsections (2) and (2A)".

Subsection 62(6):

After "(2)(a)" insert "or (2A)(a)".

Subsection 66B(6):

After "Superannuation Act 1976" insert "or the Superannuation Act 1990".

Australian Federal Police Act 1979

Subsection 4(1) (definition of "eligible employee"):

Omit "Superannuation Act", substitute "Superannuation Act 1976".

Subsection 4(1) (definition of "Superannuation Act"):

After "Superannuation Act 1976" insert "or the Superannuation Act 1990".

Section 38B:

Add at the end:

"(3) In spite of anything contained in this section, a member or a staff member