Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 11

11. (1) Where-

   (a)  a person who is a temporary employee has, for the immediately
        preceding period of 1 year (whether or not the period commenced before
        the commencement of this Act), been a temporary employee, or a
        temporary employee and a permanent employee;

   (b)  the person requests the Commissioner to direct, under this section,
        that he be treated as an eligible employee for the purposes of this
        Act; and

   (c)  the Commissioner is satisfied that the person is likely to continue to
        be a temporary employee for a further period of at least 3 years after
        the date of the request or that, during that period of 3 years, the
        person is likely to become an eligible employee otherwise than by
        virtue of a direction under this section, the Commissioner may direct
        that the person is, as from the date of the direction, an
        eligible employee for the purposes of this Act.

(2) Where-

   (a)  a person who is a temporary employee was, during any period before he
        became a temporary employee, employed in employment within or outside
        Australia upon the termination of which-

        (i)    a transfer value within the meaning of Division 2 of Part IX
               became payable to or in respect of him after 25 May 1971 under
               a superannuation scheme applicable in relation to that
               employment;

        (ii)   a pension that was based, or included an amount based, wholly
               upon contributions by his employer under a superannuation
               scheme applicable in relation to that employment or partly upon
               such contributions and partly upon contributions under the
               scheme by the person became payable to him; or

        (iii)  benefits whether by way of a lump sum or of a pension, that
               were payable at a future time and were based, or included an
               amount or amounts based, wholly upon contributions by his
               employer under a superannuation scheme applicable in relation
               to that employment or partly upon such contributions and partly
               upon contributions under the scheme by the person became
               applicable in respect of him,

and was, during that period, a member of that superannuation scheme; and

   (b)  if the prior employment was employment in relation to which
        sub-paragraph (a) (i) applies-an amount equal to the amount of the
        transfer value referred to in that sub-paragraph has been paid to the
        Commissioner under sub-section 128 (1), then sub-section (1) of this
        section has effect in relation to the person subject to the
        modifications referred to in sub-section (3) of this section.

(3) The modifications referred to in sub-section (2) are as follows:-

   (a)  any period of the prior employment shall be deemed, for the purposes
        of pararaph (1) (a), to have been a period of employment of the same
        nature as the employment of the person referred to in that paragraph
        and to have been continuous with that employment;

   (b)  if the total of the periods of the prior employment is more than 1
        year but less than 4 years-the reference in paragraph (1) (c) to 3
        years shall be read as a reference to the difference between 4 years
        and the total of the periods of the prior employment;

   (c)  if the total of the periods of the prior employment is not less than 4
        years-sub-section (1) has effect as if paragraph (c) of that
        sub-section were omitted.