Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p10
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 22151–24848

"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 who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

SCHEDULE—continued

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

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

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Section 39E:

Repeal the section, substitute:

Members and staff members to be treated as temporary employees employed under contract

"39E.(1) A person appointed under section 25, 26 or 26B, before 1 July 1990, is taken, for the purposes of section 13 of the Superannuation Act 1976, to be a temporary employee employed under a contract.

"(2) A person appointed under section 25, 26 or 26B after 30 June 1990 is taken to be a temporary employee employed under a contract for the purposes of section 13 of the Superannuation Act 1976 if:

    (a) immediately before the person was appointed:

       (i) invalidity pension was, or but for a suspension of payment would have been, payable to him or her under the Superannuation Act 1976; or

       (ii) deferred benefits were applicable to him or her under the Superannuation Act 1976 or the Superannuation Act 1922; or

       (iii) a pension of a kind mentioned in section 64A or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or

    (b) the person became, by virtue of his or her being so appointed, a re-employed former contributor with preserved rights within the meaning of the Superannuation Act 1976.

SCHEDULE—continued

"(3) A person appointed under section 25, 26 or 26B is taken to be a temporary employee employed under a contract for the purposes of the Superannuation Act 1990 if the person:

    (a) is appointed after 30 June 1990; and

    (b) is