Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 22

22. (1) Subject to subsection (2), the Judges' Pensions Act 1968 does not
apply in relation to a Presidential Member if the Presidential Member was,
immediately before being appointed as a Presidential Member, an eligible
employee for the purposes of the Superannuation Act 1976.

(2) If:

   (a)  a person was, immediately before being appointed as a Presidential
        Member, an eligible employee for the purposes of the Superannuation
        Act 1976; and

   (b)  within 3 months after being appointed as a Presidential Member, the
        person elects, by written notice to the Minister, to cease to be an
        eligible employee for the purposes of that Act; subsection (1) does
        not apply, and shall be taken not to have applied, in relation to the
        person, and the person shall be taken to have ceased to be such an
        eligible employee immediately before the person was appointed as a
        Presidential Member.

(3) Where:

   (a)  a person makes an election under subsection (2); and

   (b)  the person would, but for this subsection, be entitled to a benefit
        under Division 1, 2 or 4 of Part V, or under Division 3 of Part IX, of
        the Superannuation Act 1976; that Act applies in relation to the
        person as if the person were not entitled to the benefit.