Document ID: chunk:federal_register_of_legislation:F1996B04177:body:0:p2
Version: federal_register_of_legislation:F1996B04177
Segment Type: other
Provision Reference: 
Character Range: 2745–5736

Act apply to the person; or
 (ii) made an election for the purposes of this subregulation, by notice in writing to the Commissioner, that Division 3A of Part IX of the Act (as modified in accordance with Schedule 11 to these Regulations) apply to the person.

 "(4) The Act is modified in accordance with Schedule 11 in relation to each person who is a regulation 15A employee who made an election mentioned in subparagraph (3) (d) (ii).

 "(5) The Act is modified in accordance with Schedule 11A in relation to each person who is a regulation 15A employee who:
         (a) is retrenched by the purchaser within 3 years of the transfer day and before attaining the age of 60 years; and
         (b) was continuously employed by the purchaser throughout the period beginning on the transfer day and ending on the person's retrenchment; and
         (c) not later than 21 days after the person's retrenchment:
 (i) provides to the Commissioner documentary evidence of the retrenchment; and
 (ii) makes an election for the purposes of this subregulation, by notice in writing to the Commissioner, that benefits under Division 2 of Part V of the Act (as modified in accordance with Schedule 11A to these Regulations) become payable to or in relation to the person in place of the benefits otherwise payable under Division 3 of Part IX of the Act, or under Division 3A of Part IX of the Act (as modified in accordance with Schedule 11 to these Regulations), to or in relation to the person.".

3.   Schedule 11 (Modifications—employees affected by privatisation, etc. (delayed updated pension))
3.1   Subclause 1.1 (inserted subsection 144A (1)):
Omit "paragraph 15A (2) (d)", substitute "paragraph 15A (3) (d)".

4.   Schedule 11A (Modifications—former employees of the Repatriation General Hospital, Hollywood, retrenched within 3 years of sale day)
4.1   Omit the heading to the Schedule, substitute:

 "SCHEDULE 11ASubregulation 15A (5)

MODIFICATIONS—FORMER EMPLOYEES OF NOMINATED FACILITIES RETRENCHED WITHIN 3 YEARS OF TRANSFER DAY".

4.2   Clause 1 (inserted subsection 58 (3B)):
Omit "subregulation 15A (4)" (twice occurring), substitute "subregulation 15A (5)".

4.3   Clause 2 (inserted subsection 60 (2)):
Omit "subregulation 15A (4)", substitute "subregulation 15A (5)".

4.4   Clause 3 (substituted subsection 61 (4)):
Omit "subregulation 15A (4)" (twice occurring), substitute "subregulation 15A (5)".

4.5   Clause 4 (inserted subsection 61AA (1)):
Omit "regulation 15A (4)", substitute "subregulation 15A (5)".

4.6   Clause 5 (inserted subsection 62 (1A)):
Omit "subregulation 15A (4)", substitute "subregulation 15A (5)".

5.   Transitional
5.1   Despite the amendments of the Superannuation (Former Eligible Employees) Regulations made by these Regulations:
         (a) regulation 15A of those Regulations as in force immediately before the commencement of these Regulations; and
         (b) the Superannuation Act 1976 as modified by Schedules 11 and 11A to