Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p24
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 58355–61211

Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(2) In spite of anything contained in sections 27 and 28, an Ombudsman 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;

SCHEDULE—continued

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 30:

Repeal the section.

Parliamentary Contributory Superannuation Act 1948

Paragraph 4A(1)(b):

Add at the end:

       "; and (iii) does not include a reference to any part of the lump sum constituting the transfer value that was based upon any excess contribution multiple within the meaning of the Superannuation Act 1990 of the member".

Public Service Act 1922

Subsection 38(1) (paragraph (a) of the definition of "pensioner"):

Before the paragraph insert:

     "(aa) a person to whom an invalidity pension within the meaning of the Superannuation Act 1990 is payable; or".

Subsection 38(1) (paragraph (a) of the definition of "relevant person"):

After the paragraph insert:

     "(ab) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or".

After subsection 38(2):

Insert:

"(2A) For the purposes of the Superannuation Act 1990, a person who holds a fixed term appointment, within the meaning of section 37, to an office of Secretary and was a relevant person immediately before being appointed is not, by reason only of his or her holding that appointment, a member of the superannuation scheme established by deed under that Act.".

Subsection 38(4):

After "that" (second occurring), insert ", if the relevant person was appointed before 1 July 1990,".

SCHEDULE—continued

After subsection 38(4):

Insert:

"(4A) Without limiting subsection (3), a determination under that subsection in relation to a relevant person appointed after 30 June 1990 may provide that the Superannuation Act 1976 applies in relation to the person as if the person became an eligible employee within the meaning of that Act on a specified day if:

    (a) immediately before the person was appointed, deferred benefits were applicable to him or her under the Superannuation Act 1976 or the Superannuation Act 1922; 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;

and where a determination so provides, the Superannuation Act 1976 has effect accordingly.

"(4B) The day specified in the determination may be on or after, or not earlier than 3 months before, the date of the determination.

"(4C) Without limiting subsection (3), a