Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p39
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 98436–101124

payable to him or her; or

           (iii) to whom deferred benefits are applicable under the Superannuation Act 1976; or

           (iv) to whom deferred benefits are applicable under the Superannuation Act 1922 and who has not become an eligible employee for the purposes of the Superannuation Act 1976; or

          (v) who is a re-employed former contributor with preserved rights for the purposes of the Superannuation Act 1976 and who has not become an eligible employee for the purposes of that Act;

      other than such a person who is a casual employee within the meaning of the Rules or who became a member of the Superannuation Scheme before the commencement of section 68 of the Superannuation Legislation Amendment Act 1991 and has continued to be such a member; or".

69. After section 6 of the Principal Act the following section is inserted:

Election by certain persons to join scheme under the Superannuation Act 1976

  "6a. (1) This section applies to a person who:

   (a)     is a member of the Superannuation Scheme; and

     (b)     became such a member before the commencement of section 68 of the Superannuation Legislation Amendment Act 1991; and

     (c) is a person, other than a casual employee within the meaning of the Rules, mentioned in subparagraph 6 (2) (ba) (i), (ii), (iii), (iv) or (v).

"(2) A person to whom this section applies may in writing addressed to the Board before 1 October 1991 or such later date as the Board allows having regard to all the circumstances of the particular case:

    (a)     declare that he or she wishes to become an eligible employee for the purposes of the Superannuation Act 1976; and

  (b)     elect to cease to be a member of the Superannuation Scheme.

"(3) A person who makes an election under subsection (2) is taken to have ceased to be a member of the Superannuation Scheme at the end of the day on which the election is made.

"(4) The Board must, as soon as practicable after a person makes an election under this section, pay to the Commissioner the person's accumulated funded contributions.".

70. Section 11 of the Principal Act is repealed and the following section is substituted:

Director of company etc.

"11. Where a person is a director of a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory (being a company or other body that is an approved authority):

    (a)     if the person is a full-time director—the person is, unless the Minister in writing otherwise determines, for the purposes of this Act, a person employed by the company or other body; or

    (b)     if the person is not a full-time director—the person is, for the