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STATISTICS (ARRANGEMENTS WITH STATES) ACT 1956 - SECT 16
Superannuation rights
- (1)
- In the case of a State employee appointed or engaged under this Act who
was, immediately before his appointment or engagement, a contributor to a
State Fund as defined by section sixty AN of the Superannuation Act 1922-1955
:
- (a)
- section sixty AV of that Act does not apply;
- (b)
- Part IVD of
that Act, but not including subsection (4) of section sixty AO, applies
as if he were a State employee for the purposes of that Part and, for that
purpose, section sixty AO shall be deemed to have no application in relation
to reserve units of pension in respect of which the State employee was
contributing to the State Fund; and
- (c)
- if he is a State employee engaged
under this Act for temporary employment, he may make an election and payment
under section sixty AO of that Act as if he had become an employee upon the
date of that engagement and, upon making such an election and payment, he
shall be deemed to have become an employee upon the date of that engagement.
- (2)
- Where a State employee makes an election and payment in accordance with
section sixty AO of the Superannuation Act 1922-1955 , the following
provisions apply:
- (a)
- if the State employee has, at the date on which he is
appointed or engaged under this Act, attained the age of forty years and was
contributing to the State Fund for the maximum pension for which he could have
been so contributing, he shall be deemed to be a contributor to whom
paragraph (a) of subsection (4) of section thirteen of the
Superannuation Act 1922-1955 applies;
- (b)
- if the State employee has attained
the age of forty years at that date and was not contributing to the State Fund
for the maximum pension for which he could have been so contributing, he shall
be deemed to be a contributor to whom paragraph (b) of
subsection (4) of section thirteen of the Superannuation Act 1922-1955
applies and, if he does not elect under subparagraph (i) or (ii) of that
paragraph, he shall be deemed to be a contributor to whom paragraph (c)
of that subsection applies;
- (c)
- for the purposes of the provisions applied by
the preceding paragraphs of this subsection, the salary of the employee upon
his appointment or engagement under this Act shall be deemed to be his
increased salary; and
- (d)
- if the State employee has not, on the date on which
he is appointed or engaged under this Act, attained the age of forty years, he
shall make such contributions as will, together with those which he is liable
to make under subsection (1) of section sixty AO of the Superannuation
Act 1922-1955 , provide units of pension to the number specified in column two
of the scale contained in subsection (1) of section thirteen of the
Superannuation Act 1922-1955 opposite to the salary-group within which his
salary, upon appointment or engagement under this Act, falls.
- (3)
- Where a
person is engaged under this Act for temporary employment, the period of his
service in the State Public Service that is continuous with his service in
the Public Service of the Commonwealth shall, for the purposes of
subsection (5) of section four of the Superannuation Act 1922-1955 , be
deemed to have been a period of employment by the Commonwealth otherwise than
in a permanent capacity.
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