Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p17
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 40043–42891

section 13 of the Superannuation Act 1990 applies in relation to the Commissioner or Associate Commissioner.

Retirement on ground of invalidity under the Superannuation Acts

"38B.(1) In spite of anything contained in sections 37 and 38, a Commissioner or Associate Commissioner who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

SCHEDULE—continued

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(2) In spite of anything contained in sections 37 and 38, a Commissioner or Associate Commissioner 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;

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.".

Law Officers Act 1964

Subsections 14(1) and (2):

    Omit the subsections, substitute:

"(1) The Judges' Pensions Act 1968 does not apply in relation to the Solicitor-General if:

    (a) immediately before being appointed as the Solicitor-General, he or she was:

(i) an eligible employee for the purposes of the Superannuation Act 1976; or

       (ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) he or she does not make an election under subsection (2).

"(2) The Solicitor-General may elect to cease to be:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990.

"(2A) The election must be made:

    (a) within 3 months of the Solicitor-General's appointment; and

    (b) by notice in writing to the Minister.

"(2B) If the Solicitor-General makes the election:

    (a) the Judges' Pensions Act 1968 applies in relation to him or her

SCHEDULE—continued

    and is taken to have so applied immediately after he or she was appointed as the Solicitor-General; and

    (b) he or she is taken to have ceased to be:

(i) an eligible employee for the purposes of the Superannuation Act 1976; or

       (ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

    immediately before being appointed as the Solicitor-General.".

Section 14:

Add at the end:

"(4) Subject to subsection (5), if:

    (a) the Solicitor-General makes an election under subsection (2); and

    (b) he or she would, but for this subsection, be