Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p9
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 20348–23181

to act as an appointed member becomes a disqualified person, the appointment of the person thereupon terminates.".

39. Section 27M:

Add at the end:

"(5) If an appointed member becomes a disqualified person, then, despite any other provision of this Act, the appointment of the member thereupon terminates.".

40. Subsection 27N(8) (definition of "Chairperson of the Board"):

Omit "CSB No. 1", substitute "the PSS Board".

SCHEDULE 2—continued

41. Subsection 27N(8) (definition of "member"):

Omit "CSB No. 1", substitute "the PSS Board".

42. Section 27Q:

Repeal, substitute:

Delegation by Board

"27Q. The Board may delegate to:

    (a) a member of the Board; or

    (b) the Commissioner; or

    (c) a member of the staff referred to in section 26; or

    (d) an officer of the Department; or

    (e) any other person who performs duties in connection with the administration of this Act;

all or any of its powers under this Act or the regulations except its power to reconsider its own decisions or decisions made by its delegates.".

43. Subsection 27R(3):

Omit, substitute:

"(3) Any money becoming payable by the Board in respect of an action, liability, claim or demand is to be paid out of the Fund.

"(4) If an amount is paid out of the Fund under subsection (3), an equivalent amount is to be paid to the Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.".

44. Heading to Part III:

Omit, substitute:

"PART III—CSS FUND".

45. Section 40:

Omit "Commonwealth Superannuation Fund No. 2", substitute "CSS Fund".

46. Subsection 41(3):

Omit "Superannuation Industry (Supervision) Act 1993", substitute "SIS Act".

47. Before section 45:

Insert in Part IV:

Payment of contributions to be subject to SIS Act

"45A. Despite any other provision of this Act, an eligible employee is not entitled or permitted to pay contributions if, under the SIS Act, the Fund is not permitted to receive those contributions.".

SCHEDULE 2—continued

48. Subsection 45(1):

Before "sections" insert "subsection 3(3) and".

49. Subparagraphs 47(1)(b)(i) and (ii):

Omit, substitute:

    "(i) there had not been any decrease in his or her annual rate of salary during the period beginning immediately after the last day on which that highest annual rate of salary was payable to him or her and ending on the relevant anniversary; and

    (ii) account were taken of any generally-applying increase (including an increase resulting from the process of work-place bargaining) that would have been applied to his or her annual rate of salary during that period, other than an excluded increase;".

50. Subsection 47(1):

Add at the end (but not as part of paragraph (b)):

"For the purposes of subparagraph (b)(ii), an excluded increase is an increase that falls within either or both of the following