Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p27
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 67966–70919

with benefits from previous employment" in subsection (4) and substituting the following subparagraph:

         "(ii) to whom, immediately before becoming an eligible employee, a pension of a kind mentioned in section 64a or 65 of the superseded Act as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; and";

    (b) by omitting "invalidity pension" from subparagraph (c) (iii) of that definition in subsection (4) and substituting "that pension".

Public employment

  46. (1) Section 133 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "Minister may, by instrument under his hand" and substituting "Board may, by instrument";

  (b)    by inserting after subsection (1) the following subsections:

     "(1a) The Minister may, by instrument, formulate principles with respect to the making of declarations by the Board under subsection (1).

     "(1b) The Minister must give to the Chairperson of the Board a copy of any principles formulated under subsection (1a).

     "(1c) In considering whether to make a declaration under subsection (1), the Board must have regard to any such principles that are in force.";

    (c)     by omitting from subsection (2) "the last preceding sub-section" and substituting "subsection (1)";

    (d)    by omitting from subsection (3) "Minister" and substituting "Board".

(2) A declaration made by the Minister under subsection 133 (1) of the Principal Act that was in force immediately before the commencement of this section is taken, after that commencement, to have been made by the Commonwealth Superannuation Board of Trustees No. 2 under that subsection of the Principal Act as amended by this Act.

Eligible superannuation schemes

  47. (1) Section 134 of the Principal Act is amended:

     (a)     by omitting from subsection (1) "Minister may, by instrument under his hand" and substituting "Board may, by instrument";

   (b)    by inserting after subsection (1) the following subsections:

     "(1a) The Minister may, by instrument, formulate principles with respect to the making of declarations by the Board under subsection (1).

     "(1b) The Minister must give to the Chairperson of the Board a copy of any principles formulated under subsection (1a).

     "(1c) In considering whether to make a declaration under subsection (1), the Board must have regard to any such principles that are in force.";

    (c) by omitting from subsection (3) "Minister" and substituting "Board".

(2) A declaration made by the Minister under subsection 134 (1) of the Principal Act that was in force immediately before the commencement of this section is taken, after that commencement, to have been made by the Commonwealth Superannuation Board of Trustees No. 2 for the purposes of that subsection of the Principal Act as amended by this Act.

Deferred benefits

  48. Section 136 of the