Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p37
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 93402–96179

employed by, or to be a member of the staff of, the authority or body, as the case may be.".

Election to join Superannuation (1990) Scheme

  64. Section 244 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "a provision (other than paragraph 6 (2) (a)) of the Superannuation Act 1990" and substituting "or under the Superannuation Act 1990 (other than by paragraph 6 (2) (a) of that Act)";

    (b)    by omitting subsection (2) and substituting the following subsections:

     "(2) An eligible employee may not make an election and declaration under subsection (1) during any period when the eligible employee is absent from duty on leave of absence without pay.

     "(2a) An eligible employee, after the termination of a period mentioned in subsection (2), may only make an election and declaration under subsection (1) if that period commenced before 1 July 1991.

     "(2b) An eligible employee may not make an election and declaration under subsection (1) during any period when the eligible employee:

         (a) is a person to whom Part IV of the Public Service Act 1922, or the Officers' Rights Declaration Act 1928, applies other than such a person who during that period is:

             (i) employed by the Commonwealth otherwise than under the Public Service Act 1922; or

              (ii) employed by an approved authority for the purposes of the Superannuation Act 1990; or

              (iii) the holder of a statutory office; or

         (b) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977.

      "(2c) Subject to subsection (2d), an eligible employee:

         (a)     mentioned in paragraph (2b) (a) who ceases to be a person to whom Part IV of the Public Service Act 1922 applies; or

         (b)     who ceases to be an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977;

     may only make an election and declaration under subsection (1) after so ceasing if the eligible employee became before 1 July 1991:

        (c)     a person to whom Part IV of the Public Service Act 1922 applies; or

        (d)     an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977;

     as the case may be.

     "(2d) Subsection (2c) does not apply to a person to whom Part IV of the Public Service Act 1922 applies if the person immediately before becoming such a person was a person to whom the Officers' Rights Declaration Act 1928 applied.

     "(2e) A person who, immediately before becoming an eligible employee, was a person to whom invalidity pension was, or but for a suspension of payment would have been, payable under the Superannuation Act 1976 may only make an election and declaration under subsection (1)