Document ID: chunk:federal_register_of_legislation:F2008B00218:body:0:p2
Version: federal_register_of_legislation:F2008B00218
Segment Type: other
Provision Reference: 
Character Range: 2613–5257

accordance with clause 10.
Elections apply only to particular payments
 9. An election under subclause 7 (1) or 8 (1) applies:
 (a) if the notice of election is expressed to apply to a payment of performance-based pay in relation to service before 1 July 1994-to, and only to, that payment; or
 (b) in any other case-to, and only to, the first payment of performance-based pay that the declared member receives after the notice of election takes effect.

Notices-procedure and date of effect
 10. (1) A notice under subclause 7 (1) or 8 (1) must be in writing and signed by the declared member giving it.
 (2) The member must give the notice to the member's designated employer:
 (a) if the notice relates to a payment of performance-based pay in relation to service before 1 July 1994-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-based pay to which the notice relates.
 (3) A notice takes effect when it is given to the designated employer in accordance with subclause (2).
What happens if a declared member does not make an election?
 11. If a declared member does not make an election under clause 7, the member's performance-based pay is not taken into account for the purposes of the Act.
Payments to be made by a declared member's designated employer-performance-based in relation to service before 1 July 1994
 12. (1) This clause applies if a declared member makes an election under subclause 7 (1) in relation to performance-based pay that relates to service before 1 July 1994.

 (2) If the member pays 5 percent of the total amount of the member's performance-based pay to the member's designated employer within 3 months after the date on which the member receives the performance-based pay, the designated employer must pay an amount equal to 20 percent of the total amount of the performance-based pay:
 (a) if the member has specified a fund under clause 8-to that fund; or
 (b) in any other case-to the fund that is the nominated fund in relation to the member.
Payments to be made by a declared member's designated employer—
performance-based pay in relation to service after 30 June 1994
 13. (1) This clause applies if a declared member makes an election under subclause 7 (1) in relation to performance-based pay that relates to service after 30 June 1994.
 (2) The member's designated employer must:
 (a) deduct 5 percent of the total amount of the member's performance-based pay by a lump sum deduction from the payment to the member of performance-based pay; and
 (b) pay 20 percent of the total amount of