Document ID: chunk:federal_register_of_legislation:F2005C00110:body:0:p20
Version: federal_register_of_legislation:F2005C00110
Segment Type: other
Provision Reference: 
Character Range: 45197–47663

to performance pay; or
 (C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is the expiration of the day immediately preceding the day on which the event referred to in paragraph (c) occurs.

 (1A) For the purposes of sub-subparagraph (1) (c) (ii) (C), paragraphs (2) (b) and (4) (c) and subparagraphs (5) (c) (iii), (6) (b) (iii), (9) (c) (ii), (10) (c) (iii), (11) (c) (iii), (13) (b) (iii), (16) (c) (iii), (17) (b) (iii), (18) (b) (iii), (19) (b) (iii), (20) (b) (iii), (21) (b) (iii), (22) (b) (iii), (23) (b) (ii), (24) (b) (ii), (25) (b) (ii), (26) (b) (ii) and (27) (b) (ii), (28) (b) (ii), (29) (b) (ii) and (30) (b) (ii), a person is taken to be a person to whom the relevant provision applies if he or she holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (which may be in the form of a top-up arrangement).

 (2) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:
 (a) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and
 (b) becomes a member of a State superannuation scheme other than, in the case of a person to whom, under subregulation (1A), this paragraph applies, a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is the expiration of the day immediately preceding the day on which he becomes a member of the State superannuation scheme.

 (3) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a person (other than a person to whom Division 2 of Part IV of the Public Service Act applies) included in the class of persons referred to in paragraph 3A (1) (b), (c) or (ca) is:
 (a) the expiry of the day on which the person ceases to be an employee of, or the holder of a statutory office in, the Corporation referred to in the relevant paragraph; or
 (b) the expiry of the day immediately preceding the day on which the person becomes a member of the relevant superannuation scheme in relation to that Corporation; or
 (c) if the person is employed by, or holds a statutory office in, the Corporation referred to in that paragraph during a period of leave without pay from employment by the Commonwealth