Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p26
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 63529–66321

1990, a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within the meaning of section 44, 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 45(4):

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

After subsection 45(4):

Insert:

"(4A) Without limiting subsection (3), a determination under that subsection in relation to a relevant person appointed after 30 June

SCHEDULE—continued

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 determination under that subsection in relation to a relevant person may provide that the Superannuation Act 1990 applies in relation to the person as if the person became a member of the superannuation scheme established by deed under that Act on a specified day if the person:

    (a) is appointed after 30 June 1990; and

    (b) is not a person to whom paragraph (4A)(a) or (b) applies;

and where a determination so provides, that Act has effect accordingly.

"(4D) The day specified in the determination may be on or after, or not earlier than 3 months before, the date of the determination, but is not to be before 1 July 1990.".

Paragraph 45(5)(a):

After "(4)" insert "or (4A)".

Paragraph 45(5)(b):

After "(4)" insert "or (4A)".

After subsection 45(5):

Insert:

"(5A) The Superannuation Act 1990 applies in relation to a person referred to in paragraph (5)(a) if the person makes a declaration and election under subsection 244(1) of the Superannuation Act 1976.

"(5B) If the person revokes, under section 247 of the Superannuation Act 1976, the declaration and election made under subsection 244(1) of that Act, subsection (5) applies in relation to the person as if he or she had not made the declaration and election.

SCHEDULE—continued

"(5C) Subject to subsection (5A), in spite of anything in the Superannuation Act 1990 or any