Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p25
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 60957–63756

determination so provides, the Superannuation Act 1976 has effect accordingly.

"(4B) The day specified in the determination may be on or after, or not earlier than 3 months before, the date of the determination.

"(4C) Without limiting subsection (3), a determination under that subsection in relation to a relevant person may provide that the Superannuation Act 1990 applies in relation to the person as if the person became a member of the superannuation scheme established by deed under that Act on a specified day if the person:

    (a) is appointed after 30 June 1990; and

    (b) is not a person to whom paragraph (4A)(a) or (b) applies;

and where a determination so provides, that Act has effect accordingly.

"(4D) The day specified in the determination may be on or after, or not earlier than 3 months before, the date of the determination, but is not to be before 1 July 1990.".

Paragraph 38(5)(a):

After "(4)" insert "or (4A)".

Paragraph 38(5)(b):

After "(4)" insert "or (4A)".

After subsection 38(5):

Insert:

"(5A) The Superannuation Act 1990 applies in relation to a person referred to in paragraph (5)(a) if the person makes a declaration and election under subsection 244(1) of the Superannuation Act 1976.

SCHEDULE—continued

"(5B) If the person revokes, under section 247 of the Superannuation Act 1976, the declaration and election made under subsection 244(1) of that Act, subsection (5) applies in relation to the person as if he or she had not made the declaration and election.

"(5C) Subject to subsection (5A), in spite of anything in the Superannuation Act 1990 or any other Act, the Superannuation Act 1990:

    (a) applies in relation to a person who holds a fixed-term appointment, within the meaning of section 37, to an office of Secretary and was a relevant person immediately before being appointed only if the application of that Act is expressly provided for in a determination under subsection (3) in relation to the person; and

    (b) applies in relation to the person only as provided by subsection (4C).".

Subsection 45(1) (paragraph (a) of the definition of "pensioner"):

Before the paragraph insert:

     "(aa) a person to whom an invalidity pension within the meaning of the Superannuation Act 1990 is payable; or".

Subsection 45(1) (paragraph (a) of the definition of "relevant person"):

After the paragraph insert:

     "(ab) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or".

After subsection 45(2):

Insert:

"(2A) For the purposes of the Superannuation Act 1990, a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within the meaning of section 44, and was a relevant person immediately before being appointed is not, by reason only of his or her