Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p6
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 12574–15321

after 11 May 1989—to have been or to be employed by the Australian Capital Territory at all times from and including the time of his or her appointment until he or she ceased or ceases to hold office under the appointment.".

11. After section 3:

Insert:

Variation of contribution days for certain employees

"3A.(1) If an eligible employee is paid remuneration in respect of his or her employment otherwise than in respect of fortnights ending on the day before a day that, apart from this section, would be a contribution day:

    (a) the Board and the designated employer may agree in writing that this Act is to apply in relation to the employee as if references to contribution days were references to such days as are stated in, or determined in accordance with, the agreement; and

    (b) if such an agreement is made:

        (i) the agreement may provide that this Act is to apply in relation to the employee as if references to a fortnight were references to such period as is stated in, or determined in accordance with, the agreement; and

        (ii) if the agreement provides as mentioned in subparagraph (i), this Act applies in relation to the employee as if cognate expressions (such as 'fortnightly') were construed accordingly.

"(2) An agreement made under subsection (1) has effect according to its terms,

"(3) If an agreement is in force under subsection (1) in relation to an eligible employee, the Board may, having regard to this Act and the need to ensure equity between eligible employees, make any adjustments that it thinks appropriate in respect of the calculation and payment of contributions and benefits under this Act in respect of that employee.

Preservation fund

"3B. A fund is a preservation fund for the purposes of this Act if any benefits that are transferred to it are preserved in accordance with:

    (a) standards prescribed by regulations made for the purposes of a provision of the Superannuation Entities (Taxation) Act 1987, as that provision:

        (i) applies to a year of income of a fund earlier than the 1994-95 year of income; or

SCHEDULE 2—continued

        (ii) continues to apply, despite its repeal, because of the Occupational Superannuation Standards Amendment Act 1993; or

    (b) standards prescribed by the SIS Act.

Designated employers

"3C.(1) A reference in this Act to the designated employer of an eligible employee is a reference to:

    (a) if the employee is a permanent employee or temporary employee but is not an LWOP employee or employed by an approved authority:

        (i) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act—the Department in respect of which the