Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p30
Version: federal_register_of_legislation:C2004A04478
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Character Range: 75431–78340

Amendments consequential upon the enactment of the Military Superannuation and Benefits Act 1991

  55. The Principal Act is further amended as set out in the Schedule.

                     PART 4—AMENDMENTS OF THE SUPERANNUATION ACT 1990

Principal Act

56. In this Part, "Principal Act" means the Superannuation Act 19903.

Interpretation

57. Section 3 of the Principal Act is amended by inserting "or that is an approved authority by virtue of paragraph (a)," after "or (iv)," in sub-subparagraph (b)(v)(A) of the definition of "approved authority".

Membership of Superannuation Scheme

  58.(1) Section 6 of the Principal Act is amended:

     (a) by inserting after subparagraph (1)(e)(i) the following subparagraph:

         "(ia) immediately before he or she became an invalidity pensioner was the holder of that office or engaged in that employment; and";

     (b) by omitting paragraph (1)(f) and substituting the following paragraph:

          "(f) the holder of a statutory office, or a temporary employee, who:

             (i) immediately before being appointed to that office or being employed in his or her present employment was a person to whom a preserved benefit was applicable under the Rules; and

            (ii) immediately before the preserved benefit became so applicable was the holder of that office or employed in the same employment;";

   (c)     by omitting paragraph (1)(g);

   (d)    by adding at the end the following subsection:

     "(3) Paragraph (2)(a) does not exclude a person from membership of the Superannuation Scheme in relation to particular employment if the person is an eligible employee for the purposes of the Superannuation Act 1976 in relation to other employment.".

(2) A person who, under paragraph 6(1)(e), (f) or (g) of the Principal Act, was a member of the Superannuation Scheme immediately before the commencement of paragraph (1)(a), (b) or (c) continues to be such a member despite the amendments made by paragraph (1)(a), (b) or (c).

59. Section 7 of the Principal Act is repealed and the following section is substituted:

Election by holder of statutory office to be a member

"7.(1) The holder of a statutory office (other than the holder of such an office to whom paragraph 6(1)(e) or (f) applies) may elect, by writing in a form approved by the Board, to become a member of the Superannuation Scheme in relation to that office.

"(2) The effect of making an election under subsection (1) is that the person becomes a member of the Superannuation Scheme only in respect of the office to which the election relates.

"(3) This section does not prevent the person becoming a member of the Superannuation Scheme in respect of other employment.".

Election by temporary employee to be member

  60. Section 8 of the Principal Act is amended:

    (a) by omitting subsection (1) and substituting the following subsection:

     "(1) A