Document ID: chunk:federal_register_of_legislation:F2005C00642:reg:111:p1
Version: federal_register_of_legislation:F2005C00642
Segment Type: reg
Provision Reference: reg 111 (pt 1/16)
Character Range: 38641–41544

111      Omit from subsection (1) 'Part VI,', substitute 'Part VI or Division 2 of Part IX;'.

         Modifications
Part IX
         Omit Division 2, substitute the following Division:
                 Division 2 Certain teachers with preserved rights from previous employment
         '127
          (1) In this Division, unless the contrary intention appears:
         prescribed eligible employee means a relevant eligible employee by whom, or on whose behalf, there has been paid to the Commissioner, in accordance with subsection 128 (1), an amount equal to, or that includes, the amount of the transfer value that became payable to or in respect of that person under the State Scheme.
         prescribed period means:
          (a) in relation to a person to whom section 130C applies — so much of the period commencing on the transfer day and ending on the person's last day of service as is included in the period that, but for section 130D, would be the person's period of contributory service; and
          (b) in relation to a person to whom section 130H or 130I applies — so much of the period commencing on the transfer day and ending
         on the person's last day of service as is included in the person's period of contributory service.
         prescribed person means a person who:
          (a) has ceased to be a prescribed eligible employee; and
          (b) has not, after so ceasing, again become an eligible employee.
         relevant eligible employee means a person who:
          (a) has become, on the transfer day, an eligible employee by virtue of his or her becoming, on that day, an officer of the Commonwealth Teaching Service;
          (b) was, immediately before becoming such an officer, employed in the teaching service of New South Wales and engaged in full-time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education, that is to say, education provided by way of a course of instruction or training:
          (i) that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or
          (ii) that otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college;
          (c) was, immediately before becoming an eligible employee, a member of the superannuation scheme constituted by the State Act as amended and in force immediately before the transfer day; and
          (d) has, since so becoming an eligible employee, continued to be, and is, an eligible employee.
         State Act means the Superannuation Act, 1916, of the State of New South Wales.
         State scheme means the superannuation scheme constituted by the State Act as amended and in force at the relevant time.
         State employment, in relation to a