Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p10
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 10/38)
Character Range: 42831–45579

apply in relation to a person who is on 1 July 1990, or becomes after that date, the holder of a statutory office unless:

      (a) immediately before the person became or becomes the holder of the statutory office:

          (i) invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act or the superseded Act; or

            (ii) deferred benefits were applicable to him or her under this Act; or

       (b) the person became or becomes, by virtue of his or her becoming the holder of the statutory office, a re-employed former contributor with preserved rights.".

Persons to whom Division 2 or 3 of Part IV of the Public Service Act applies

18. Section 14a of the Principal Act is amended:

   (a) by omitting from subsection (1) "This" and substituting "Subject to subsection (1a), this";

(b) by omitting from paragraph (1) (c) "section 87q" and substituting "section 87m or 87q";

(c) by omitting from paragraph (1) (d) "section 87q" and substituting "section 87m or 87q";

(d) by inserting after subsection (1) the following subsections:

    "(1a) This section does not apply to a person who becomes, on or after 1 July 1990, a person referred to in paragraph (1) (a), (b), (c) or (d) unless the person had been an eligible employee:

       (a) in the case of a person referred to in paragraph (1) (a) or—immediately before becoming such a person; or

       (b) in the case of a person referred to in paragraph (1) (c) or—immediately before the person ceased to be employed in his or her previous relevant employment.

"(1b) In subsection (1a):

    'previous relevant employment', in relation to a person referred to in paragraph (1) (c) or (d), means:

(a) if the person:

           (i) after being dismissed or deemed to have been retired from the Australian Public Service, was re­appointed to that Service under section 63f, 63g or 66b of the Public Service Act (as the case may be); or

           (ii) after being dismissed or retired from employment other than employment in the Australian Public Service, was re-appointed or re-employed in circumstances similar to circumstances in which a person could have been re-appointed to that Service under section 63f, 63g or 66b of the Public Service Act;

       the office held by the person, or the employment in which the person was employed, immediately before his or her dismissal or retirement; or

(b) if the person:

           (i) is deemed to have been re-appointed to the Australian Public Service under section 87m or 87q of the Public Service Act; or

           (ii) not being a person to whom subparagraph (i) applies, is re-appointed, or re-employed, by a previous employer in circumstances similar to the