Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p35
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 88460–91244

and benefit classification certificates

60. Section 184 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2a) Subsection (2) does not apply in relation to a person who, on 30 June 1990 was, and until the date the person ceased to be an eligible employee or became entitled to partial invalidity pension, as the case requires, being a date after 31 March 1991, continued to be, an eligible employee.".

Interpretation

61. Section 237 of the Principal Act is amended by adding at the end the following subsection:

"(2) For the purposes of this Part, the holder of a statutory office whose remuneration is paid by an authority or body is taken to be employed by that authority or body.".

Loss of entitlement to benefits—eligible employee transferring to an approved superannuation scheme

62.     Section 238 of the Principal Act is amended by omitting from subsection (1) "any benefits under this Act" and substituting "benefits under this Act other than benefits under Part VI, subsection 110s (2) or section 111".

63.     After section 242 of the Principal Act the following Part is inserted:

           "PART XIIIa—TRANSFERS TO AUTHORISED SUPERANNUATION SCHEMES

Holders of statutory offices

"242a. For the purposes of this Part, the holder of a statutory office whose remuneration is paid by an authority or body is taken to be employed by that authority or body.

Authorisation of superannuation schemes

"242b. The Minister may, in writing, declare a superannuation scheme that provides benefits for persons who are employed by, or are members of the staff of, an authority or body to be an authorised superannuation scheme for the purposes of this Part.

Deferred benefits—eligible employee transferring to an authorised superannuation scheme

  "242c. (1) Subject to subsection (2), where a person who:

   (a)     is an eligible employee; and

     (b)     is employed by, or is a member of the staff of, an authority or body;

ceases, within such period as is determined by the Minister in relation to the person, to be an eligible employee because the person becomes a member of a superannuation scheme declared by the Minister under section 242b to be an authorised superannuation scheme for the purposes of this Part, deferred benefits are applicable in respect of the person.

"(2) Subsection (1) does not apply in relation to a person who, when ceasing to be an eligible employee, had completed a period of

eligible employment as mentioned in subsection 132 (1) of less than one year.

"(3) Where, under subsection (1), deferred benefits are applicable in relation to a person, the person is not entitled to be paid benefits under this Act other than benefits under Part VI, subsection 110s (2) or section 111.

"(4) A