Document ID: chunk:federal_register_of_legislation:C2018C00042:clause:2_3
Version: federal_register_of_legislation:C2018C00042
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 85550–87051

3  Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
 (1) This clause applies in relation to an employee of a Commonwealth‑owned airport‑lessee company (the current company) if:
 (a) the employee was transferred to the current company, or any other company, under section 58; and
 (b) immediately before the employee's transfer time, the employee was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973; and
 (c) either:
 (i) since the employee's transfer time, the employee has been continuously employed by the current company; or
 (ii) throughout the period beginning at the employee's transfer time and ending immediately before the time when the employee last became an employee of the current company, each employer of the employee was a Commonwealth‑owned airport‑lessee company.
 (2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, the employee is taken to continue in public employment until:
 (a) the employee ceases to be employed by the current company; or
 (b) the sale time for the current company;
whichever comes first.
 (3) Subclause (2) is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.
 (4) This clause does not prevent Division 2 of this Part from applying to the employee.
Note: Division 2 deals with the employee's position after the sale time for the current company.