Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p33
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 33/34)
Character Range: 209539–212174

duty on leave of absence without pay.

"(3) An eligible employee may not make an election and declaration under subsection (1):

    (a) if the eligible employee was, until 1 April 1991 or any later day, precluded by a provision (other than paragraph 6 (2) (a)) of the Superannuation Act 1990 from being a member of the Superannuation (1990) Scheme—after the period of 3 months commencing on the day on which the eligible employee ceased to be so precluded; or

    (b) if the person becomes an eligible employee after 1 April 1991 and paragraph (a) does not apply—after the period of 3 months commencing on the day on which the person becomes an eligible employee; or

    (c) if the eligible employee is precluded under subsection (2) from making the election and declaration during a period that ends after 1 April 1991—after the period of 3 months commencing immediately after the termination of that period; or

    (d) in any other case—after 30 June 1991.

Effect of election

"245. A person who makes a declaration and election under section 244 is taken to have ceased to be an eligible employee at the end of the day on which the declaration and election are made.

Loss of entitlement to benefits

"246. A person who ceases to be an eligible employee under section 245 is not entitled to be paid any benefits under this Act.

Revocation of election in certain cases

"247. Where, for the purposes of rule 1.3.30 of the Rules for the administration of the Superannuation (1990) Scheme in its application to a person who has ceased to be an eligible employee under section 245, the CSS average salary of the person has been ascertained by

reference to an amount other than the amount referred to in paragraph or (b) of the definition of 'CSS average salary' in that rule:

    (a) the person may, within 3 months after the person has been informed that his or her CSS average salary has been so ascertained, by writing addressed to the Commissioner, revoke the declaration and election by virtue of which the person had so ceased to be an eligible employee; and

    (b) on the making of the revocation, this Act has effect as if the declaration and election had not been made.

Transfer of assets etc. to Superannuation (1990) Scheme

"248. (1) The Trust must, at such times after 30 June 1991 as the Minister determines in writing, transfer to Board No. 1:

    (a) such assets of the Fund (including investment assets of the Fund) as are determined by the Minister to be assets that fairly and equitably represent the accumulated contributions and accumulated employer contributions of those persons who have ceased to be