body by whatever name called which administers that scheme; S. 3(1) def. of complying fund inserted by No. 4/1996 s. 119(1)(a). complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936; S. 3(1) def. of contract officer amended by No. 46/1998 s. 7(Sch. 1). contract officer means an executive whose contract of employment provides that he or she continues to be a member of a statutory superannuation scheme; S. 3(1) def. of employer amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 108/2004 s. 117(1) (Sch. 3 item 193.1). employer means employer within the meaning of section 24 of the Public Administration Act 2004; S. 3(1) def. of occupational standards repealed by No. 4/1996 s. 119(1)(b). * * * * * statutory superannuation scheme means— (a) a superannuation scheme under— (i) the State Superannuation Act 1988; or s. 4 (ii) the Transport Superannuation Act 1988; or
S. 6(1) amended by No. 46/1998 s. 7(Sch. 1). (1) If a person other than a member of staff of the public service enters into a contract of employment as an executive, that person is not entitled to become a member of a statutory superannuation scheme. (2) Subsection (1) does not affect any deferred pension or benefit which that person may have under a statutory superannuation scheme which existed before the person enters into that contract. 7 Exemption from scheme for existing executives S. 7(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 193.4). (1) Subject to section 6, a contract of employment of an executive under Part 3 of the Public Administration Act 2004 must provide— S. 7(1)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) that the executive ceases to be a member of a named statutory superannuation scheme; or s. 7(1)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) that the executive continues to be a member of a named statutory superannuation scheme. S. 7(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The executive must elect which of these terms must be included in the contract. S. 7(3) amended by No. 97/1993 s. 46(1)(a). (3) Subsection (1)(a) does not affect any deferred pension or benefit which a person may have under a statutory superannuation scheme. S. 7(4) amended by Nos 4/1996 s. 119(3), 46/1998 s. 7(Sch. 1). (4) A contract of employment that provides that an executive ceases to be a member of a statutory superannuation scheme must also provide for membership of an alternative superannuation scheme which must be a complying superannuation fund and to which employer
ENDNOTES Endnotes General Information Minister's second reading speech— Legislative Assembly: 10 November 1992 Legislative Council: 17 November 1992 The long title for the Bill for this Act was "A Bill to make further provision relating to superannuation in the public sector and for other purposes.". The Superannuation (Public Sector) Act 1992 was assented to on 26 November 1992 and came into operation as follows: Part 1 (sections 1, 2) on 26 November 1992: section 2(1); rest of Act on 27 November 1992: Special Gazette (No. 63) 27 November 1992 page 1. Table of Amendments Endnotes This Version incorporates amendments made to the Superannuation (Public Sector) Act 1992 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Sector Management (Amendment) Act 1993, No. 97/1993 Assent Date: 16.11.93 Commencement Date: S. 46(2) on 27.11.92: s. 2(1); s. 46(1) on 16.11.93: s. 2(4) : This information relates only to the provision/s amending the Superannuation (Public Sector) Act 1992 Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995 Assent Date: 5.12.95 Commencement Date: S. 31 on 5.12.95: s. 2(1) : This information relates only to the provision/s amending the Superannuation (Public Sector) Act 1992 Superannuation Acts (Amendment) Act 1996, No. 4/1996