Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p4
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 7749–10406

is:

    (a) a period of leave of absence in respect of which subsection 51(1) applies to the person; or

    (b) a period of absence from duty in respect of which subsection 51A(1) of the Superannuation Act 1976 as in force before 1 July 1990 applies to the person; or

    (c) a period that is taken, under subsection 51A(5) of the Superannuation Act 1976 as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or

    (d) a period in respect of which the person was not required or permitted to pay contributions because of subsection 3(3); or

SCHEDULE 2—continued

    (e) a period in respect of which benefits did not accrue to the person because of section 55A);

together with, if the person had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any period that, under section 8, is to be added to his or her period of contributory service;

'preservation fund' has the meaning given by section 3B;".

5. Subsection 3(1) (definition of "contribution day"):

After "means" insert ", subject to section 3A,".

6. Subsection 3(1) (definition of "eligible employee"):

    (a) Omit from paragraph (c) ", 12".

    (b) Add at the end of subparagraph (e)(i) "or".

    (c) Omit from subparagraph (e)(ii) "or".

    (d) Omit subparagraph (e)(iii).

7. Subsection 3(1) (definition of "pensioner"):

Omit "Part III and".

8. After subsection 3(1A):

Insert:

"(1B) Regulations for the purposes of paragraph (j) of the definition of 'eligible employee' in subsection (1) are taken not to have applied, or not to apply, to a person at a particular time merely because the person was or is entitled at that time to superannuation or retirement benefits that were or are supplementary to the benefits provided by this Act if the provision of the first-mentioned benefits was or is authorised at that time:

    (a) if that time was before 14 December 1988—under section 167A of the Superannuation Act 1976 as in force at that time; or

    (b) if that time was on or after 14 December 1988 and before 1 July 1990—under section 153AB of the Superannuation Act 1976 as in force at that time; or

    (c) if that time was or is on or after 1 July 1990—under the Superannuation Benefits (Supervisory Mechanisms) Act 1990.

"(1C) For the purposes of this Act, to remove any doubt:

    (a) a payment of a pension or benefit is taken to be permitted under the SIS Act if:

         (i) the payment is permitted by that Act as modified under section 332 of that Act; or

         (ii) the payment is authorised by an exemption granted by the Commissioner under that Act;