Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p20
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 45224–47990

Principal Act is amended by adding at the end thereof the following sub-section:—

"(2) This section does not have effect on and after 1 July 1976".

62. After Part VI of the Principal Act the following Part is inserted:—

"PART VIa—SPECIAL PROVISIONS IN RELATION TO
CERTAIN EMPLOYEES FORMERLY IN PRIVATE
EMPLOYMENT

"Division 1—Preliminary

Interpretation.
"100a. (1) In this Part, unless the contrary intention appears—
    'member', in relation to a superannuation scheme applying in relation to any employment, means a person in respect of whom benefits are payable under the superannuation scheme that applies to him, by reason of his being employed in that employment, whether or not he is required to make contributions under the scheme;

    'prescribed amount', in relation to a member, means the amount paid to the member from the superannuation scheme applying to his employment upon his ceasing to be employed in that employment, other than any amount so paid—
        (a) that was paid by him to the superannuation scheme as contributions to the scheme by way of voluntary savings; or

(b) that is of a kind determined by the Board to be excluded from the prescribed amount;

    'relevant date', in relation to a relevant employee, means the date on which he becomes employed by the Commonwealth or by an approved authority;

'relevant employee' means a person who—

        (a) becomes employed by the Commonwealth or by an approved authority before 1 July 1976 in circumstances specified by the Treasurer by determination in writing made for the purposes of this definition, whether before or after the person becomes so employed; and

        (b) was, immediately before the relevant date, a member of a superannuation scheme applying in relation to his employment;

    'rules', in relation to a superannuation scheme, means the rules governing the operation of the scheme, whether contained in a law or in a trust deed or other instrument;

    'superannuation scheme' means a superannuation or retirement scheme applying to persons by reason of their being employed in certain employment, other than a scheme established under the law of a State to provide superannuation or other similar benefits for persons employed in the Public Service, the Railway Service or any other service of that State.

"(2) For the purposes of this Part, a benefit by way of a lump sum shall be deemed to have become payable in respect of a person under a superannuation scheme upon the termination of the person's employment if, upon the termination of that employment, the person has the legal title to a life policy, or is entitled to have the legal title to a life policy assigned to him, being a policy the premiums for which were, while he was employed in that