Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p38
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 95928–98698

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) if the person became entitled to that pension before 1 July 1991.";

    (c) by omitting paragraph (3) (a) and substituting the following paragraph:

         "(a) if the eligible employee was, until 31 March 1991 or any later day, precluded by or under the Superannuation Act 1990 (other than by paragraph 6 (2) (a) of that Act) from being a member of the Superannuation (1990) Scheme—after the period of 3 months commencing on the day on which the eligible employee ceased to be so precluded; or";

    (d)    by omitting from paragraph (3) (c) "1 April 1991" and substituting "31 March 1991";

  (e)     by inserting after paragraph (3) (c) the following paragraph:

           "(ca) if the eligible employee is precluded under subsection (2b) from making the election and declaration during a period that ends after 31 March 1991—after the period of 3 months commencing immediately after the termination of that period; or".

Loss of entitlement to benefits

65. Section 246 of the Principal Act is amended by omitting "any benefits under this Act" and substituting "benefits under this Act other than benefits under Part VI, subsection 110s (2) or section 111".

PART 3—AMENDMENTS OF THE SUPERANNUATION ACT 1990

Principal Act

66. In this Part, "Principal Act" means the Superannuation Act 19902.

Interpretation

67. Section 3 of the Principal Act is amended by inserting the following definition:

" 'State authority' means an authority or body, whether corporate or not, established by a State, or by or under a law of a State;".

Membership of Superannuation Scheme

68. Section 6 of the Principal Act is amended by inserting after paragraph (2) (b) the following paragraph:

   "(ba) is a person:

           (i) to whom invalidity pension, or a deferred benefit by way of invalidity pension, is, or but for a suspension of payment would have been, payable to him or her under the Superannuation Act 1976; or

           (ii) to whom a pension of a kind mentioned in section 64a or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section, or a deferred benefit by way of a pension payable for the reason mentioned in subsection 119za (1) of that Act, is, or but for a suspension of payment would have been, payable to him or her; or

           (iii) to whom deferred benefits are applicable under the Superannuation Act 1976; or

           (iv) to whom deferred benefits are applicable under the Superannuation Act 1922 and who has not become an eligible employee for