Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922 - SECT 107A

             (1)  In this Part, unless the contrary intention appears:

"prescribed amount" , in relation to a State employee, means the amount paid to the employee from the State Fund upon his ceasing to be a contributor to that fund other than any amount so paid:

                     (a)  in respect of contributions paid by him to the State Fund for reserve units of pension;

                     (b)  in respect of contributions paid by him to the State Fund by way of voluntary savings; or

                     (c)  that is of a kind determined by the Board to be excluded from the prescribed amount.

"relevant date" , in relation to a State employee, means the date on which he becomes employed by the Commonwealth or an approved authority.

"State employee" means a person who:

                     (a)  becomes employed by the Commonwealth or by an approved authority before 1 July 1976 in such circumstances as are specified by the Minister by a determination in writing made for the purposes of this definition, whether before or after his becoming so employed; and

                     (b)  was, immediately before the relevant date, a contributor to a State Fund.

"State Fund" means a fund or account established under the law of a State to provide superannuation or other similar benefits for persons employed in the Public Service, the Railway Service or any other service of that State.

             (2)  In this Part, a reference to contributions paid by a State employee to a State Fund for reserve units of pension is a reference to contributions paid by a State employee to a State Fund that are of a similar nature to contributions under this Act for reserve units of pension.

             (3)  In determining, for the purposes of this Part, the number of units of pension (including, where necessary, a fraction of a unit) that will entitle a State employee to benefits equivalent to those related to contributions to the State Fund, the Board shall disregard:

                     (b)  the provisions of this Act that authorize the payment, in any circumstances, of benefits to or in relation to the spouse or a dependant of a contributor to the Fund; and

                     (c)  the rules governing the operation of the State Fund that authorize the payment, in any circumstances, of benefits to or in relation to the spouse or a dependant of a contributor to the State Fund.

             (4)  In the application of a Part of this Act other than this Part to or in relation to a State employee:

                     (a)  a reference in such a Part to an employee as defined by section 4 shall be read as including a reference to a State employee; and

                     (b)  a State employee shall be deemed to have become an employee for the purposes of this Act on the relevant date.