Document ID: chunk:federal_register_of_legislation:F2008B00161:body:0:p2
Version: federal_register_of_legislation:F2008B00161
Segment Type: other
Provision Reference: 
Character Range: 2642–5256

may give a notice of election to have payments under subclause 11 (1) in relation to the member's performance pay paid in accordance with the notice.

 (4) A notice under subclause (3) must state that the payments to which the notice relates are to be paid:
         (a) in accordance with the determination under the Public Service Act 1922 for payment of other superannuation benefits payable to the person; or
         (b) to an approved fund specified in the notice.

 (5) A notice must be given in accordance with subclauses 9 (2), (3) and (4).

Elections  apply  only to particular payments

 8. (1) An election by a member under clause 6 or 7 applies:
         (a) if the notice of election is expressed to apply to a payment of performance pay that the member received before 25 February 1993—to that payment; or
         (b) in any other case—to the first payment of performance pay that the member receives after the notice of election takes effect.

 (2) An election referred to in subclause (1) does not apply to a payment of performance pay except as stated in that subclause.

Notices: procedure and date of effect

 9. (1) In this clause, "notice" means a notice under clause 6 or 7.

 (2) A notice must be in writing and signed by the member giving it.

 (3) A member who gives a notice must give it to the employer that, in relation to the member, is the designated employer.

 (4) The member must give the notice:
         (a) if the notice relates to a payment of performance pay that the member received before 25 February 1993—not later than 3 months after the date on which the member receives the payment; or
         (b) in any other case—before the member receives the payment of performance pay to which the notice relates.

 (5) A notice takes effect when it is given to the designated employer in accordance with the applicable provisions of this clause.

What happens if a member does not make an election?

 10. If a member does not make an election under clause 6, the member's performance pay is not to be taken into account for the purposes of the Act.

Payments to be made by a member's designated employer

 11. (1) If a member makes an election under clause 6, the member's designated employer must:
         (a) pay 5 percent of the total amount of the member's performance pay to:
 (i) if the member has specified, under clause 7, a fund or arrangement—to that fund or in accordance with that arrangement, as the case requires; or
 (ii) in any other case—to the fund that is the nominated fund in relation to the member; and
         (b) pay an amount equal to