Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 54, 1995 - SCHEDULE 2

                           SCHEDULE 2             Section 3(2)

AMENDMENTS OF THE SUPERANNUATION ACT 1976 1. Title Omit "for persons employed
by the Commonwealth, and for certain other persons, and for other purposes",
substitute ", known as the Commonwealth Superannuation Scheme, for people
employed by the Commonwealth and for certain other people". 2. Subsection
3(1): Insert:

" 'designated employer' has the meaning given by section 3C;
'exempt public sector superannuation scheme' has the same meaning as in the
SIS Act;
'ISC' means the Insurance and Superannuation Commissioner holding office under
the Insurance and Superannuation Commissioner Act 1987;
'legal personal representative' has the same meaning as in the SIS Act;
'PSS Board' means the PSS Board established by Part 6 of the
Superannuation Act 1990;
'Public Sector Superannuation Scheme' has the same meaning as in the
Superannuation Act 1990;
'regulated superannuation fund' has the same meaning as in the SIS Act;
'Rules for the administration of the Public Sector Superannuation Scheme'
means the rules for the administration of that scheme set out in the Schedule
to the deed by which that scheme was established;
'SIS Act' means the Superannuation Industry (Supervision) Act 1993 and, except
in a reference to a particular provision of that Act, includes the regulations
in force under that Act;". 3. Subsection 3(1) (definition of "Superannuation
(1990) Scheme"): Omit. 4. Subsection 3(1) (definitions of "approved part-time
employee", "Board", "deferred annuity", "eligible roll-over fund", " 'Fund' or
'Superannuation Fund' ", "minimum retiring age", "period of contributory
service" and "preservation fund"): Omit, substitute:

" 'approved part-time employee' means:

   (a)  a part-time employee included in a class of part-time employees
        declared by the Minister, by notice published in the Gazette, to be an
        approved class of part-time employees for the purposes of this Act; or

   (b)  a person who:

        (i)    is the holder of a statutory office; and

        (ii)   performs the duties of the office on a part-time basis; and is
               included in a class of such persons declared by the Minister,
               by notice published in the Gazette, to be an approved class of
               part-time employees for the purposes of this Act;
'Board' means the CSS Board established under section 27A;
'deferred annuity' has the same meaning as in the SIS Act;
'eligible roll-over fund' means a fund in respect of which a declaration by
the ISC under section 243 of the SIS Act is in force;
'Fund' or 'Superannuation Fund' means the CSS Fund established by this Act;
'minimum retiring age' means:

   (a)  in relation to a person who is an eligible employee:

        (i)    unless subparagraph (ii) applies-the age of 55 years; or

        (ii)   if another age is applicable under the terms and conditions of
               employment or appointment of the person-the other age; or

   (b)  in relation to a person who is no longer an eligible employee:

        (i)    unless subparagraph (ii) applies-the age of 55 years; or

        (ii)   if another age was applicable under the terms and conditions of
               employment or appointment of the person immediately before the
               person last ceased to be an eligible employee-the other age;
'period of contributory service', in relation to a person who has ceased to be
an eligible employee, means a period equal to the period (the 'period of
actual service') beginning on the person's first day of service and ending on
the person's last day of service (less any part of the period of actual
service that is:

   (a)  a period of leave of absence in respect of which subsection 51(1)
        applies to the person; or

   (b)  a period of absence from duty in respect of which subsection 51A(1) of
        the Superannuation Act 1976 as in force before 1 July 1990 applies to
        the person; or

   (c)  a period that is taken, under subsection 51A(5) of the
        Superannuation Act 1976 as in force on and after 1 July 1990, to be a
        non-contributory period of service for the person; or

   (d)  a period in respect of which the person was not required or permitted
        to pay contributions because of subsection 3(3); or

   (e)  a period in respect of which benefits did not accrue to the person
        because of section 55A); together with, if the person had previously
        ceased to be an eligible employee on an occasion earlier than his or
        her first day of service, any period that, under section 8, is to be
        added to his or her period of contributory service;
'preservation fund' has the meaning given by section 3B;". 5. Subsection 3(1)
(definition of "contribution day"): After "means" insert ", subject to section
3A,". 6. Subsection 3(1) (definition of "eligible employee"):

   (a)  Omit from paragraph (c) ", 12".

   (b)  Add at the end of subparagraph (e)(i) "or".

   (c)  Omit from subparagraph (e)(ii) "or".

   (d)  Omit subparagraph (e)(iii). 7. Subsection 3(1) (definition of
        "pensioner"): Omit "Part III and". 8. After subsection 3(1A): Insert:

"(1B) Regulations for the purposes of paragraph (j) of the definition of
'eligible employee' in subsection (1) are taken not to have applied, or not to
apply, to a person at a particular time merely because the person was or is
entitled at that time to superannuation or retirement benefits that were or
are supplementary to the benefits provided by this Act if the provision of the
first-mentioned benefits was or is authorised at that time:

   (a)  if that time was before 14 December 1988-under section 167A of the
        Superannuation Act 1976 as in force at that time; or

   (b)  if that time was on or after 14 December 1988 and before 1 July
        1990-under section 153AB of the Superannuation Act 1976 as in force at
        that time; or

   (c)  if that time was or is on or after 1 July 1990-under the
        Superannuation Benefits (Supervisory Mechanisms) Act 1990.

"(1C) For the purposes of this Act, to remove any doubt:

   (a)  a payment of a pension or benefit is taken to be permitted under the
        SIS Act if:

        (i)    the payment is permitted by that Act as modified under section
               332 of that Act; or

        (ii)   the payment is authorised by an exemption granted by the
               Commissioner under that Act; and

   (b)  a benefit is taken to be dealt with in accordance with the SIS Act if:

        (i)    it is dealt with in accordance with that Act as modified under
               section 332 of that Act; or

        (ii)   it is dealt with in accordance with an exemption granted by the
               Commissioner under that Act.". 9. Subsection 3(3): Omit,
               substitute:

"(3) If a person ceases to be an eligible employee and, immediately after so
ceasing, again becomes an eligible employee:

   (a)  the person is taken, for the purposes of this Act, other than
        paragraph (b), not to have so ceased; but

   (b)  the person is not required or permitted to pay contributions in
        respect of the period between the time when the person ceased to be an
        eligible employee and the time when the person again becomes an
        eligible employee.". 10. After subsection 3(5): Insert:

"(5AA) For the purposes of this Act, a person who was at any time before the
commencement of this subsection, or is, a member of the Australian Capital
Territory Fire Brigade (other than the Fire Commissioner or the Deputy Fire
Commissioner) pursuant to an appointment made under the Fire Brigade
(Administration) Act 1974 of the Australian Capital Territory is taken:

   (a)  if the person was appointed, and ceased to hold office under the
        appointment, before 11 May 1989-to have been employed by the
        Commonwealth at all times from the time of his or her appointment or
        the commencement of this Act, whichever was the later, until the time
        when he or she ceased to hold office under the appointment; or

   (b)  if the person was appointed before 11 May 1989 and did not cease to
        hold office under the appointment before that day:

        (i)    to have been employed by the Commonwealth at all times from the
               time of his or her appointment or the commencement of this Act,
               whichever was the later, until the time immediately before that
               day; and

        (ii)   to have been or to be employed by the Australian Capital
               Territory at all times on and after that day until he or she
               ceased or ceases to hold office under the appointment; or

   (c)  if the person was appointed on or after 11 May 1989-to have been or to
        be employed by the Australian Capital Territory at all times from and
        including the time of his or her appointment until he or she ceased or
        ceases to hold office under the appointment.". 11. After section 3:
        Insert: Variation of contribution days for certain employees

"3A.(1) If an eligible employee is paid remuneration in respect of his or her
employment otherwise than in respect of fortnights ending on the day before a
day that, apart from this section, would be a contribution day:

   (a)  the Board and the designated employer may agree in writing that this
        Act is to apply in relation to the employee as if references to
        contribution days were references to such days as are stated in, or
        determined in accordance with, the agreement; and

   (b)  if such an agreement is made:

        (i)    the agreement may provide that this Act is to apply in relation
               to the employee as if references to a fortnight were references
               to such period as is stated in, or determined in accordance
               with, the agreement; and

        (ii)   if the agreement provides as mentioned in subparagraph (i),
               this Act applies in relation to the employee as if cognate
               expressions (such as 'fortnightly') were construed accordingly.

"(2) An agreement made under subsection (1) has effect according to its terms.

"(3) If an agreement is in force under subsection (1) in relation to an
eligible employee, the Board may, having regard to this Act and the need to
ensure equity between eligible employees, make any adjustments that it thinks
appropriate in respect of the calculation and payment of contributions and
benefits under this Act in respect of that employee. Preservation fund

"3B. A fund is a preservation fund for the purposes of this Act if any
benefits that are transferred to it are preserved in accordance with:

   (a)  standards prescribed by regulations made for the purposes of a
        provision of the Superannuation Entities (Taxation) Act 1987, as that
        provision:

        (i)    applies to a year of income of a fund earlier than the 1994-95
               year of income; or

        (ii)   continues to apply, despite its repeal, because of the
               Occupational Superannuation Standards Amendment Act 1993; or

   (b)  standards prescribed by the SIS Act. Designated employers

"3C.(1) A reference in this Act to the designated employer of an eligible
employee is a reference to:

   (a)  if the employee is a permanent employee or temporary employee but is
        not an LWOP employee or employed by an approved authority:

        (i)    if the remuneration in respect of his or her employment is paid
               wholly or mainly out of money appropriated by an annual
               Appropriation Act-the Department in respect of which the money
               is appropriated; or

        (ii)   if the remuneration in respect of his or her employment is paid
               wholly or mainly out of money appropriated by an Act other than
               an annual Appropriation Act-a Department determined by the
               Minister; or

   (b)  if the employee is the holder of a statutory office but is not an LWOP
        employee:

        (i)    if the remuneration in respect of the office is paid by an
               approved authority-the Authority; or

        (ii)   if subparagraph (i) does not apply-a Department or person
               determined by the Minister; or

   (c)  if the employee is employed by an approved authority but is not an
        LWOP employee-the authority; or

   (d)  otherwise-a person determined by the Minister.

"(2) In this section:
'Department' means:

   (a)  a Department of State; or

   (b)  a Department of the Parliament; or

   (c)  a branch or part of the Australian Public Service in relation to which
        a person has, under an Act, the powers of, or exercisable by, the
        Secretary of a Department of the Australian Public Service;
'LWOP employee' means an eligible employee who:

   (a)  is on leave of absence without pay for a period in respect of which
        the Board has directed, for the purposes of subsection 51(1) of the
        Superannuation Act 1976 as in force immediately before the
        commencement of the Superannuation Legislation Amendment Act 1994,
        that the subsection is not to apply; or

   (b)  is on leave of absence for a period that:

        (i)    is more than 12 weeks; and

        (ii)   is an excluded period of leave of absence for the purposes of
               subsection 51(1); or

   (c)  is a person to whom section 51A applies and is making contributions in
        accordance with an election made under subsection (3) of that
        section.". 12. Subsection 5(3B): After "specified by the" insert
        "Commissioner or the". 13. Subsection 5(3C): After "specified by the"
        insert "Commissioner or the". 14. Paragraph 8B(3)(d): Omit "the
        Commissioner's opinion", substitute "the Board's opinion". 15. After
        subsection 14A(1B): Insert:

"(1C) A person is not, and is taken never to have been, regarded as a person
to whom this section does not or did not apply at a particular time merely
because the person is or was entitled at that time to superannuation or
retirement benefits that are or were supplementary to the benefits provided by
this Act if the provision of the first-mentioned benefits is or was authorised
at that time:

   (a)  if that time was before 14 December 1988-under section 167A of the
        Superannuation Act 1976 as in force at that time; or

   (b)  if that time was on or after 14 December 1988 and before 1 July
        1990-under section 153AB of the Superannuation Act 1976 as in force at
        that time; or

   (c)  if that time was or is on or after 1 July 1990-under the
        Superannuation Benefits (Supervisory Mechanisms) Act 1990.". 16.
        Paragraph 14A(6)(b): Omit "his or her accumulated contributions",
        substitute "the person's accumulated contributions and the Fund
        accumulated employer contributions (if any) in respect of the person".
        17. Subsection 14A(6): After "those accumulated contributions" insert
        "and those Fund accumulated employer contributions (if any)". Note:
        The heading to section 14A is altered by adding at the end "etc.". 18.
        Subsection 16(4): Omit "he", substitute "it". 19. Subsection 16(8):
        Omit "he considers", substitute "it considers". 20. Paragraph
        16AA(3)(b): Omit "he or she", substitute "it". 21. Subsection 16AA(3):
        Omit "in the Commissioner's opinion", substitute "in the Board's
        opinion". 22. Subsection 16AA(4): Omit "he or she", substitute "it".
        23. Subsection 16AA(6): Omit "he or she" (wherever occurring),
        substitute "it". 24. Subsection 16AB(5): Omit "he or she", substitute
        "it". 25. Paragraph 16AB(5)(a): Omit "he or she", substitute "it". 26.
        Paragraph 16AD(2)(b): Omit "his or her", substitute "its". 27. Section
        16A: Omit "Public Service Act 1922" (wherever occurring), substitute
        "Public Service Act". 28. Subsection 17(4): Omit. 29. Subsection
        21(1): Omit "Public Service Act 1922", substitute "Public Service
        Act". 30. Heading to Part IIA: Omit, substitute:

"PART IIA-CSS BOARD". 31. Section 27A: Omit "Commonwealth Superannuation Board
of Trustees No. 2", substitute "CSS Board". 32. Paragraph 27C(1)(b): Add at
the end "other than section 154". 33. Section 27E (definition of "CSB No. 1"):
Omit. 34. Section 27E: Insert:

" 'disqualified person' has the same meaning as in Part 15 of the SIS Act.".
35. Paragraph 27F(1)(a): Omit "CSB No. 1", substitute "the PSS Board". 36.
After subsection 27F(1): Insert:

"(1A) A disqualified person is not eligible for appointment as one of the
members referred to in paragraph (1)(b).". 37. Section 27G: Omit "CSB No. 1",
substitute "the PSS Board". 38. After subsection 27H(1): Insert:

"(1A) A disqualified person is not eligible for appointment to act as an
appointed member.

"(1B) If the person appointed to act as an appointed member becomes a
disqualified person, the appointment of the person thereupon terminates.". 39.
Section 27M: Add at the end:

"(5) If an appointed member becomes a disqualified person, then, despite any
other provision of this Act, the appointment of the member thereupon
terminates.". 40. Subsection 27N(8) (definition of "Chairperson of the
Board"): Omit "CSB No. 1", substitute "the PSS Board". 41. Subsection 27N(8)
(definition of "member"): Omit "CSB No. 1", substitute "the PSS Board". 42.
Section 27Q: Repeal, substitute: Delegation by Board

"27Q. The Board may delegate to:

   (a)  a member of the Board; or

   (b)  the Commissioner; or

   (c)  a member of the staff referred to in section 26; or

   (d)  an officer of the Department; or

   (e)  any other person who performs duties in connection with the
        administration of this Act; all or any of its powers under this Act or
        the regulations except its power to reconsider its own decisions or
        decisions made by its delegates.". 43. Subsection 27R(3): Omit,
        substitute:

"(3) Any money becoming payable by the Board in respect of an action,
liability, claim or demand is to be paid out of the Fund.

"(4) If an amount is paid out of the Fund under subsection (3), an equivalent
amount is to be paid to the Fund out of the Consolidated Revenue Fund, which
is appropriated accordingly.". 44. Heading to Part III: Omit, substitute:

"PART III-CSS FUND". 45. Section 40: Omit "Commonwealth Superannuation Fund
No. 2", substitute "CSS Fund". 46. Subsection 41(3): Omit "
Superannuation Industry (Supervision) Act 1993", substitute "SIS Act". 47.
Before section 45: Insert in Part IV: Payment of contributions to be subject
to SIS Act

"45A. Despite any other provision of this Act, an eligible employee is not
entitled or permitted to pay contributions if, under the SIS Act, the Fund is
not permitted to receive those contributions.". 48. Subsection 45(1): Before
"sections" insert "subsection 3(3) and". 49. Subparagraphs 47(1)(b)(i) and
(ii): Omit, substitute:

"(i) there had not been any decrease in his or her annual rate of salary
during the period beginning immediately after the last day on which that
highest annual rate of salary was payable to him or her and ending on the
relevant anniversary; and

        (ii)   account were taken of any generally-applying increase
               (including an increase resulting from the process of work-place
               bargaining) that would have been applied to his or her annual
               rate of salary during that period, other than an excluded
               increase;". 50. Subsection 47(1): Add at the end (but not as
               part of paragraph (b)):

"For the purposes of subparagraph (b)(ii), an excluded increase is an increase
that falls within either or both of the following paragraphs:

   (c)  an increase resulting from the employee's progressing to a higher
        level of salary within a graduated range of salaries applicable to the
        office held by the employee or the employment in which the employee
        was employed;

   (d)  any allowance (including an allowance in the nature of salary such as
        Senior Officer allowance) or penalty payment (including a payment in
        the nature of salary such as shift allowance) that was not included in
        the employee's annual rate of salary when the decrease occurred.". 51.
        Subparagraphs 47(3)(d)(i) and (ii): Omit, substitute:

"(i) there had not been any decrease in his or her annual rate of salary
during the period beginning immediately after the last day on which that
highest annual rate of salary was payable to him or her and ending on the
relevant anniversary; and

        (ii)   account were taken of any generally-applying increase
               (including an increase resulting from the process of work-place
               bargaining) that would have been applied to his or her annual
               rate of salary during that period, other than an excluded
               increase;". 52. Paragraph 47(3)(d): Omit "highest annual rate
               salary", substitute "highest annual rate of salary". 53.
               Subsection 47(3): Add at the end (but not as part of paragraph
               (d)):

"For the purposes of subparagraph (d)(ii), an excluded increase is an increase
that falls within either or both of the following paragraphs:

   (e)  an increase resulting from the employee's progressing to a higher
        level of salary within a graduated range of salaries applicable to the
        office held by the employee or the employment in which the employee
        was employed;

   (f)  any allowance (including an allowance in the nature of salary such as
        Senior Officer allowance) or penalty payment (including a payment in
        the nature of salary such as shift allowance) that was not included in
        the employee's annual rate of salary when the decrease occurred.". 54.
        Section 48: Repeal, substitute: Supplementary contributions

"48. An eligible employee may, on any contribution day, pay a supplementary
contribution but, except as provided by section 185, the supplementary
contribution must not be more than the basic contribution payable by the
employee on that day.". 55. Sections 49 and 50: Repeal. 56. After section 50:
Insert: Deductions of contributions by designated employer

"50A.(1) If the designated employer of an eligible employee deducts a
fortnightly basic contribution or a supplementary contribution from the
employee's salary:

   (a)  the employer is to pay the amount deducted to the Board; and

   (b)  if an amount deducted is not paid to the Board on the day on which it
        is deducted and the Board directs that this paragraph is to apply in
        relation to the amount-the employer is to pay to the Board interest on
        the amount in respect of the period beginning on the day on which the
        amount is deducted and ending on the day immediately before the day on
        which the amount is paid.

"(2) The Board is to pay to the Fund any interest paid to the Board under
paragraph (1)(b).". 57. Subsection 51(2): Omit "subject to subsection (2B)",
substitute "subject to subsections (2AA) and (2B)". 58. Paragraphs 51(2)(b)
and (c): Omit, substitute:

"(b) a period of sick leave without pay;". 59. After subsection 51(2): Insert:

"(2AA) Subsection (2) does not apply in respect of a period, or a part of a
period, of leave of absence occurring after the commencement of this
subsection in respect of which the person is, because of section 45A, not
entitled to pay contributions.". 60. Subsection 51(2B): After "productivity
employee" insert "within the meaning of Part VIA". 61. Subsection 51(2BB)
(definition of "approved organisation"): Omit from paragraph (a)
"Superannuation (1990) Scheme", substitute "Public Sector Superannuation
Scheme". 62. Subsection 53(3): Omit "him", substitute "it". 63. Section 54A
(definitions of "Comcare" and "compensation leave"): Omit "
Commonwealth Employees' Rehabilitation and Compensation Act 1988", substitute
" Safety, Rehabilitation and Compensation Act 1988". 64. Section 54D
(definition of "employee"): Omit "
Commonwealth Employees' Rehabilitation and Compensation Act 1988", substitute
" Safety, Rehabilitation and Compensation Act 1988". 65. Section 54D
(definition of "licensed administering authority"): Omit, substitute:

" 'licensed administering authority' means a Commonwealth authority that holds
a Class 2 Licence or a Class 3 Licence under Part VIIIA, or a corporation that
holds a Class B Licence under Part VIIIB, of the
Safety, Rehabilitation and Compensation Act 1988;". 66. Section 54G: Omit "
Commonwealth Employees' Rehabilitation and Compensation Act 1988", substitute
" Safety, Rehabilitation and Compensation Act 1988". 67. Paragraphs 54JA(1)(c)
and (d): Omit, substitute:

"(c) for the purposes of a provision of section 138 gives consideration to
whether a person has become totally and permanently incapacitated within the
meaning of Part IVA;". 68. Subsection 54JA(6): Omit "
Commonwealth Employees' Rehabilitation and Compensation Act 1988", substitute
" Safety, Rehabilitation and Compensation Act 1988". 69. Section 54K: Omit
"Superannuation (1990) Scheme", substitute "Public Sector Superannuation
Scheme". Note: The heading to section 54K is altered by omitting
"Superannuation (1990) Scheme" and substituting "Public Sector Superannuation
Scheme". 70. Subsection 54L(1): Omit "Superannuation (1990) Scheme",
substitute "Public Sector Superannuation Scheme". 71. Paragraph 54ZA(c): Omit
"Superannuation (1990) Scheme", substitute "Public Sector Superannuation
Scheme". 72. Before Division 1 of Part V: Insert in Part V:

"Division 1A-Application of SIS Act Accrual of benefits to be subject to SIS
Act

"55A. Despite any other provision of this Act, benefits do not accrue to an
eligible employee if, under the SIS Act, the accrual of those benefits is not
permitted.". 73. Paragraph 58(2)(b): Omit, substitute:

"(b) on or after reaching the person's minimum retiring age but before
reaching the age of 60 years, the person ceases to be an eligible employee for
any reason other than death or involuntary retirement;". 74. Subparagraph
58A(1)(c)(ii): Omit "57B(d) or (e)", substitute "57B(1)(d) or (e)". 75.
Subparagraphs 58A(6)(a)(i) and (ii): After "involuntarily" insert "for the
purposes of this Act". 76. Subparagraph 58B(1)(c)(iii): Omit "Public Service
Act 1922", substitute "Public Service Act". 77. Subparagraph 58B(1)(c)(iv):
Omit "57B(d) or (e)", substitute "57B(1)(d) or (e)". 78. Sub-subparagraph
58B(1)(c)(v)(B): Omit "Public Service Act 1922", substitute "Public Service
Act". 79. Subparagraphs 58B(6)(a)(i) and (ii): After "involuntarily" insert
"for the purposes of this Act". 80. Subsections 62(2) and (2A): Omit,
substitute:

"(2) Subject to section 62B, if a person who ceases to be an eligible employee
before 1 July 2000 makes an election under subsection (1), the person is
entitled, in lieu of pension and lump sum benefit to which, if the election
had not been made, the person would be entitled under section 55 or 59, to
payment of:

   (a)  if paragraph (b) does not apply, a lump sum benefit equal to the sum
        of:

        (i)    3.5 times the amount of the person's accumulated basic
               contributions; and

        (ii)   the amount of the person's accumulated supplementary
               contributions (if any); or

   (b)  if the person had, at any time before ceasing to be an eligible
        employee, received a partial invalidity pension, a lump sum benefit
        equal to the sum of:

        (i)    the amount worked out using the formula:
(Actual contributions ) (Notional contributions   2.5); and


        (ii)   the amount of the person's accumulated supplementary
               contributions (if any).

"(2A) Subject to section 62B, if a person who ceases to be an eligible
employee on or after 1 July 2000 makes an election under subsection (1),
subsection (2B) or (2C) has effect.

"(2B) If the person has reached the age of 55 years at the time when he or she
ceases to be an eligible employee and provides the Board with a statement to
the effect that he or she has retired from the workforce upon so ceasing, the
person is entitled, in lieu of pension and lump sum benefit to which, if the
election had not been made, the person would be entitled under section 55 or
59, to payment of:

   (a)  if paragraph (b) does not apply, a lump sum benefit equal to the sum
        of:

        (i)    3.5 times the amount of the person's accumulated basic
               contributions; and

        (ii)   the amount of the person's accumulated supplementary
               contributions (if any); or

   (b)  if the person had, at any time before ceasing to be an eligible
        employee, received a partial invalidity pension, a lump sum benefit
        equal to the sum of:

        (i)    the amount worked out using the formula:
(Actual contributions ) (Notional contributions   2.5); and


        (ii)   the amount of the person's accumulated supplementary
               contributions (if any).

"(2C) If the person has not reached the age of 55 years at the time when he or
she ceases to be an eligible employee or has not provided the Board with a
statement to the effect that he or she has retired from the workforce upon so
ceasing, the person is entitled, in lieu of pension and lump sum benefit to
which, if the election had not been made, the person would be entitled under
section 55 or 59:

   (a)  to have an amount equal to the lump sum benefit mentioned in
        subsection (2B) paid into a preservation fund nominated by the person
        or applied to the purchase of a deferred annuity nominated by the
        person; or

   (b)  to payment of an amount equal to the amount of the person's
        accumulated contributions and to have an amount equal to the balance
        of the lump sum benefit mentioned in subsection (2B) paid into a
        preservation fund nominated by the person or applied to the purchase
        of a deferred annuity nominated by the person.

"(2D) In this section:
'Actual contributions', in relation to a person, means the person's
accumulated basic contributions;
'Notional contributions', in relation to a person, means the amount that would
have been the person's accumulated basic contributions if, during the period
in respect of which partial invalidity pension was paid, the person's basic
contributions had been paid at the rate at which they would have been paid if:

   (a)  in respect of a partial invalidity pension paid under section 77-the
        person's annual rate of salary on the day on which the person again
        became an eligible employee had been the same as the annual rate of
        the person's retirement salary for the purposes of that section; or

   (b)  in respect of a partial invalidity pension paid under section 78-the
        person's annual rate of salary had not decreased as mentioned in that
        section.". 81. Subsection 62B(4) (definition of "GBPROD"): Before
        "Board" insert "Commissioner or the". 82. Section 76: Add at the end:

"(3) If:

   (a)  a person's entitlement to an invalidity pension has, whether before or
        after the commencement of this subsection, been cancelled under
        subsection (1) upon the person's becoming an eligible employee; and

   (b)  the person so became an eligible employee as a result of having been
        appointed to an office or position on probation; and

   (c)  after that commencement the person ceases to be an eligible employee
        before attaining the person's maximum retiring age; and

   (d)  the person so ceased to be an eligible employee as a result of the
        appointment not being confirmed because the person had a physical or
        mental condition; the person is entitled to invalidity pension, and
        subsection (2) applies, for the purpose of calculating the annual rate
        of that pension, as if the person had so ceased to be an eligible
        employee by reason of retirement on the ground of invalidity.". 83.
        Paragraph 77(2)(b): Omit "his discretion", substitute "its
        discretion". 84. Subsection 78(1): Omit "Where", substitute "Subject
        to section 78A, if". 85. Subparagraph 78(2)(a)(ii): Omit "his
        discretion", substitute "its discretion". 86. Subparagraph
        78(2)(b)(iv): Omit "his discretion", substitute "its discretion". 87.
        After section 78: Insert: Partial invalidity pension not payable in
        certain circumstances

"78A.(1) A partial invalidity pension, or an increase in the rate of such a
pension, is not payable to a person under section 78 if the person is entitled
to compensation under the Safety, Rehabilitation and Compensation Act 1988, or
under any other law of the Commonwealth, or any law of a State or Territory,
providing for compensation for an employee who suffers injury or disease
arising out of, or in the course of, his or her employment, in respect of the
physical or mental incapacity that would, apart from this subsection, give
rise to the entitlement to the pension or to the increase, as the case may be.

"(2) If a person was entitled to a partial invalidity pension immediately
before the commencement of this section, subsection (1) does not apply to the
pension as payable immediately before that day and applies to an increase in
the rate of the pension on or after that day only to the extent to which the
increase results from a decrease in the annual rate of salary of the person
occurring on or after that day.". 88. Subsection 99(1): Omit "his discretion",
substitute "its discretion". 89. Section 110A (definitions of "Department",
"designated employer", "LWOP employee" and "preservation fund"): Omit. 90.
Subsection 110H(2): Omit, substitute:

"(2) A productivity contribution in respect of a productivity employee is not
payable in respect of a fortnight unless:

   (a)  a basic contribution is payable by the employee for the fortnight; or

   (b)  if paragraph (a) does not apply-the productivity contribution is
        required to be paid in respect of the employee by an agreement
        certified, or an award made, by an industrial authority.

"(2A) If a basic contribution is payable by a productivity employee for a
fortnight, the productivity contribution in respect of the employee for the
fortnight is payable on the contribution day on which the basic contribution
is payable.". 91. Paragraph 110Q(1)(e): Before "Board" insert "Commissioner or
the". 92. Subsection 110Q(1A): Before "Board" (first occurring) insert
"Commissioner or the". 93. Subparagraph 110R(4A)(d)(i): Omit "by preserved",
substitute "be preserved". 94. Subsection 110R(7): Omit, substitute:

"(7) Where paragraph (4)(d) or (4A)(d) applies:

   (a)  if the Board is satisfied that the person intends to leave Australia
        permanently-the benefit may be paid to the person; or

   (b)  if the ISC has determined under the SIS Act that the whole or a part
        of the benefit may be paid to the person because the person is
        suffering severe financial hardship-the benefit, or that part of the
        benefit, as the case may be, may be paid to the person.". 95.
        Subsection 110S(2): Omit "personal representatives or to such person
        or persons (if any) as the Board determines", substitute "legal
        personal representative or, if no legal personal representative can be
        found, to any individual or individuals that the Board determines".
        96. Subsection 110SE(4) (definition of "GBPROD"): Before "Board"
        insert "Commissioner or the". 97. Paragraph 110SJ(b): Omit "personal
        representative of the person or such other person or persons (if any)
        as the Board directs", substitute "person's legal personal
        representative or, if no legal personal representative can be found,
        to any individual or individuals that the Board determines". 98.
        Paragraphs 110TC(2)(c) and (d): Omit, substitute:

"(c) account were taken of any generally-applying increase (including an
increase resulting from the process of work-place bargaining) in annual rate
of salary that would have occurred had the person continued to be an eligible
employee and continued to occupy that office or position, other than an
excluded increase.". 99. Section 110TC: Add at the end:

"(3) For the purposes of paragraph (2)(c), an excluded increase is an increase
that falls within either or both of the following paragraphs:

   (a)  an increase resulting from the person's progressing to a higher level
        of salary within a graduated range of salaries applicable to the
        office or position held by the person;

   (b)  any allowance (including an allowance in the nature of salary such as
        Senior Officer allowance) or penalty payment (including a payment in
        the nature of salary such as shift allowance) that was not included in
        the person's final annual rate of salary when the person ceased to be
        an eligible employee.". 100. Before section 111: Insert in Part VII:
        Relationship between this Act and SIS Act

"111A.(1) If, apart from this section, a benefit would be payable in cash to a
person under this Act but, under the SIS Act, the benefit, or a part of the
benefit, is not permitted to be paid in cash to the person, then, despite any
other provision of this Act, the benefit, or the part of the benefit, as the
case may be, is not to be paid in cash to the person and the following
provisions of this section apply.

"(2) If the benefit or the part of the benefit consists only of a lump sum,
the benefit must:

   (a)  be preserved in a preservation fund nominated by the person or applied
        to the purchase of a deferred annuity nominated by the person; or

   (b)  if, within 90 days after the day on which, apart from this section,
        the benefit would have been payable in cash to the person, the person
        fails to make a nomination-be paid, for the benefit of the person, to
        an eligible roll-over fund nominated by the Board.

"(3) If the benefit or the part of the benefit includes a pension that would
have been payable under section 55 or 59, Part VIB applies as if payment of
the benefit had been postponed under that Part.

"(4) If the benefit would have been payable under Division 3 of Part IX,
deferred benefits continue to be applicable in respect of the person until:

   (a)  the 65th anniversary of the person's birth; or

   (b)  if, before that anniversary, the person reaches the 55th anniversary
        of his or her birth and provides the Board with a statement to the
        effect that he or she has retired from the workforce-the day on which
        the statement is provided.". 101. Subsection 111(1): Omit "his or her
        personal representatives or to such person or persons (if any) as the
        Board determines", substitute "the person's legal personal
        representative or, if no legal personal representative can be found,
        to any individual or individuals that the Board determines". 102.
        Subsection 111(2): Omit, substitute:

"(2) If the total amount of the benefit or benefits (whether paid by way of
instalments of pension or as a lump sum or lump sums, or both) paid to or in
respect of a person who has been an eligible employee (other than any benefit,
or a part of any benefit, that, under subsection (4), (5) or (6), is to be
excluded from consideration for the purposes of this subsection) is, at a time
when no further benefit is payable under this Act to or in respect of the
person, less than the sum of:

   (a)  the total of the person's accumulated contributions, and the
        accumulated employer contributions (if any) in respect of the person,
        as at the time when the person ceased to be an eligible employee or,
        if the person had ceased to be an eligible employee on more than one
        occasion, as at the time when the person last ceased to be an eligible
        employee; and

   (b)  if a top-up benefit is or was calculated in respect of the person
        under Part VIAA but the amount of the top-up benefit is nil-the amount
        that would have been the top-up benefit if the person had been
        entitled to benefits under section 80; an amount equal to the
        difference is to be paid to:

   (c)  the person; or

   (d)  if the person has died:
    (i) the person's legal personal representative; or   (ii) if
no legal personal representative can be found-any individual or individuals
that the Board determines.". 103. Subsection 111(8): Omit. 104. Subsection
115(2): Omit "he" (wherever occurring), substitute "it". 105. Section 116:
Omit "be made to a person other than the person who would be so entitled to
the payment, the Board may authorise the payment to be made to another person,
and payment shall be made to the other person accordingly", substitute "not be
made to the person, the Board may authorise the payment to be made to the
person's legal personal representative and, if such an authorisation is made,
payment is to be made in accordance with the authorisation". 106. Subsection
117(2): Omit "he considers", substitute "it considers". 107. Subsection
119(3): Omit "at his discretion", substitute "if the ISC approves". 108.
Paragraph 124(1)(b): Omit "Fund." (last occurring), substitute "Fund; and".
109. Subsection 124(1): Add at the end:

"(c) if the Fund accumulated employer contributions in respect of the person
have, under subsection 112(1A), been paid out of the Superannuation Fund into
the Consolidated Revenue Fund:

        (i)    an amount equal to the amount of those contributions is to be
               paid out of the Consolidated Revenue Fund (which is
               appropriated accordingly) into the Superannuation Fund; and

        (ii)   for the purposes of this Act, those Fund accumulated employer
               contributions are taken not to have been so paid out of the
               Superannuation Fund into the Consolidated Revenue Fund.". 110.
               Subsection 128(1): After "employment" (first occurring) insert
               "(the 'previous employment')". 111. Subsection 128(4): Omit
               "the employment in respect of which the transfer value was
               payable under a superannuation scheme applicable to that
               employment", substitute "the previous employment". 112.
               Paragraph 128(4)(a): Before "the amount paid" insert "the
               available part of". 113. After subsection 128(4): Insert:

"(4AA) The reference in paragraph (4)(a) to the available part of an amount
paid into the Consolidated Revenue Fund in respect of the person under
paragraph (2)(b) is a reference to so much of that amount as exceeds any part
of that amount that:

   (a)  would not have been available for payment to, or preservation in the
        name of, the person on the termination of the previous employment out
        of the superannuation scheme applicable to that employment; or

   (b)  would not have been retained in that scheme for payment to or in
        respect of the person at a later date under the rules of that scheme;
        unless the person engaged in further employment.". 114. Paragraph
        128(4C)(b): Omit, substitute:

"(b) the SIS Act.". 115. Subsection 128(7): Omit, substitute:

"(7) If the Board gives under subsection 157(3) a direction to cancel an
election made by an eligible employee under subsection (1) of this section,
the Board must make such arrangements as it considers appropriate, taking into
account the requirements of the SIS Act, for making payments out of the
Superannuation Fund and the Consolidated Revenue Fund by way of dealing with
the transferred amount (including the payment of interest on any part of that
amount that was paid into the Superannuation Fund).

"(7A) If, under an arrangement made by the Board under subsection (7), an
amount has to be paid out of the Consolidated Revenue Fund, the Consolidated
Revenue Fund is appropriated for the purpose of the payment.". 116. Paragraph
128AA(2)(a): Omit "Superannuation (1990) Scheme", substitute "Public Sector
Superannuation Scheme". 117. Subsections 131(1), (2) and (3): Omit. 118.
Subsection 131(4) (definition of "former eligible employee with benefits from
previous employment"): Omit from subparagraph (c)(iii) "the". 119. Section
132: Repeal. 120. Paragraph 134(5)(a): Omit, substitute:

"(a) the relevant scheme is a public sector superannuation scheme that is:

        (i)    a regulated superannuation fund; or

        (ii)   an exempt public sector superannuation scheme;". 121.
               Subparagraph 134(7)(a)(ii): Omit "
               Superannuation Industry (Supervision) Act 1993 and the
               regulations under that Act", substitute "SIS Act". 122.
               Subparagraph 134(7)(b)(i): Omit "
               Superannuation Industry (Supervision) Act 1993 and the
               regulations under that Act", substitute "SIS Act". 123.
               Subsections 137(3) and (4): Omit. 124. Sections 138 and 139:
               Repeal, substitute: Circumstances in which person entitled to
               deferred benefits

"138.(1) Subject to this Division, if a person makes an election under section
137, deferred benefits are applicable in respect of the person.

"(2) Deferred benefits that are applicable in respect of a person become
payable on the day immediately before the earliest of the following dates:

   (a)  if the Board is satisfied that the person has, because of invalidity
        or physical or mental incapacity, become totally and permanently
        incapacitated within the meaning of Part IVA-the date that the Board
        considers to have been the date on which the person became so
        incapacitated;

   (b)  the date of the person's death;

   (c)  subject to subsection (3), if the person, by written notice given to
        the Board, selects a date (not earlier than the date on which the
        notice is given) for the start of the payment of the deferred
        benefits-the date so selected;

   (d)  the 65th anniversary of the person's birth.

"(3) Paragraph (2)(c) does not apply unless:

   (a)  the person will have, by the date selected:

        (i)    reached the age that would have been his or her minimum
               retiring age for the purposes of this Act if he or she had not
               ceased to be an eligible employee and had continued to occupy
               the position held by him or her immediately before so ceasing;
               and

        (ii)   reached the 55th anniversary of the person's birth; and

   (b)  the person has provided the Board with a statement to the effect that
        he or she has retired from the workforce.

"(4) Deferred benefits are not payable unless:

   (a)  a written application has been made to the Board requesting payment of
        the benefits; and

   (b)  the applicant has given the Board any information that is necessary to
        enable the Board to determine whether the benefits are payable.
        Circumstances in which person entitled to transfer value

"139.(1) Subject to this Division, if:

   (a)  a person makes an election under section 137; and

   (b)  the person becomes employed in public employment; and

   (c)  the person becomes a member of an eligible superannuation scheme that
        is applicable in relation to people employed in that employment; the
        person may, by written notice given to the Board, within 3 months
        after the person became a member of that scheme, elect that, in lieu
        of deferred benefits, a transfer value in respect of the person be
        paid to the person administering the scheme.

"(2) An election under subsection (1) does not have any effect unless:

   (a)  the person administering the eligible superannuation scheme agrees to
        accept the transfer value; and

   (b)  under the rules of the scheme, the first-mentioned person will become
        entitled to retirement benefits under the scheme based upon the
        transfer value.

"(3) If an election is duly made under subsection (1):

   (a)  a transfer value in respect of the person is payable to the person
        administering the eligible superannuation scheme; and

   (b)  deferred benefits cease to be applicable in respect of the person on
        the day on which the person administering the scheme accepts payment
        of the transfer value.". 125. Subsection 139A(1): Omit "139(1)",
        substitute "138(1)". 126. Paragraphs 139A(1)(a) and (b): Omit,
        substitute:

"(a) is employed in public employment; and

   (b)  becomes a member of an eligible superannuation scheme that is
        applicable to people employed in that employment;". 127. Paragraph
        139A(1A)(a): Omit "139(1)", substitute "138(1)". 128. Subsection
        139AA(1):

   (a)  Omit "139(2)", substitute "138(2)".

   (b)  Omit "subsection (2)", substitute "this section". 129. Subsection
        139AA(2): Omit, substitute:

"(2) Subsection (1) does not apply if:

   (a)  the person provides the Board with a statement to the effect that the
        person has retired from the workforce; or

   (b)  the Board is satisfied that the person is about to leave Australia
        permanently.

"(3) If the ISC has determined that the part of the person's deferred benefits
that consists of an amount equal to the person's accumulated employer
contributions, or a portion of that part, may be paid to the person because
the person is suffering severe financial hardship, the part or the portion of
the part, as the case may be, may be paid to the person.". 130. Subsection
140(1): Omit "Subject to paragraph 139(6)(b), where", substitute "If". 131.
Subsection 141(1): Omit. 132. Paragraph 141(2)(a): Omit "at the expiration of
the period that is the prescribed period in relation to him", substitute "at
the end of 3 months after so ceasing". 133. Subsections 143(1) and (3): Omit
"139(2)(a)", substitute "138(2)(a)". 134. Subsection 145(4): Omit "has
remained", substitute "had remained". 135. Subsection 145(7): Omit "the period
that is the prescribed period in relation to him for the purposes of Division
3", substitute "3 months". 136. Paragraph 145(7)(c): Omit "138", substitute
"139". 137. Subparagraph 145(8)(a)(ii): Omit "personal representatives or to
such person or persons (if any) as the Board determines", substitute "legal
personal representative or, if no legal personal representative can be found,
to any individual or individuals that the Board determines". 138. Paragraph
145(8)(b): Omit "personal representatives or to such person or persons (if
any) as the Board determines", substitute "legal personal representative or,
if no legal personal representative can be found, to any individual or
individuals that the Board determines". 139. Section 146: Omit "138",
substitute "139". 140. After section 154: Insert: Board may rely on
information supplied by employers or former employers

"154AA.(1) For the purposes of the application of this Act to or in respect of
a person who is or was an eligible employee, the Board may, but is not
required to, presume that any information provided to the Board by an employer
or former employer of the person is correct.

"(2) If a tribunal, authority or person is empowered to review a decision of
the Board and vary, or make a decision in substitution for, the Board's
decision, the tribunal, authority or person is not bound by any presumption
made by the Board under subsection (1).". 141. After section 154A: Insert:
Calculation of increase in annual rate of salary by reference to estimated
increase in full-time adult average weekly ordinary time earnings

"154B.(1) In this section:
'AWOTE' means full-time adult average weekly ordinary time earnings for all
persons in Australia.

"(2) If:

   (a)  it is necessary for the purposes of a provision (the 'relevant
        provision') of this Act or of the regulations to determine the annual
        rate of salary as at a particular time (the 'later time') in respect
        of an office or position that had been held, or in respect of the
        duties that had been performed, by a person at a particular earlier
        time (the 'earlier time'); and

   (b)  it is not possible to make such a determination:

        (i)    because at the later time the annual rate of salary was not
               publicly available or the office or position no longer existed,
               or the duties were no longer being performed, and there was no
               equivalent office or position or there were no equivalent
               duties; or

        (ii)   for any other reason that the Board thinks sufficient for this
               section to apply; the annual rate of salary as at the later
               time in respect of the office or position, or in respect of the
               duties, is taken for the purposes of the relevant provision to
               be the amount worked out in accordance with this section.

"(3) If:

   (a)  the Australian Statistician has published, at or before the later
        time, an estimate or successive estimates of the change or changes
        (expressed as a percentage or percentages) in AWOTE in respect of the
        period between the earlier time and the later time; and

   (b)  the estimate or estimates show no overall change, or show an overall
        decrease, in those earnings over that period, or the part of that
        period in respect of which the estimate or estimates were published,
        as the case may be; the annual rate of salary as at the later time in
        respect of the office or position, or in respect of the duties, is
        taken, for the purposes of the relevant provision, to be the same as
        the annual rate of salary in respect of the office or position, or in
        respect of the duties, as at the earlier time.

"(4) If:

   (a)  the Australian Statistician has published, at or before the later
        time, an estimate or successive estimates of the change or changes
        (expressed as a percentage or percentages) in AWOTE in respect of the
        period between the earlier time and the later time; and

   (b)  the estimate or estimates show an overall increase (expressed as a
        percentage (the 'relevant percentage')) in those earnings over that
        period, or the part of that period in respect of which the estimate or
        estimates were published, as the case may be; the annual rate of
        salary as at the later time in respect of the office or position, or
        in respect of the duties, is taken, for the purposes of the relevant
        provision, to be the annual rate of salary in respect of the office or
        position, or in respect of the duties, as at the earlier time
        increased by the relevant percentage.

"(5) If at any time, whether before or after the commencement of this section,
the Australian Statistician has published or publishes for a particular period
an estimate of a change (including an estimate that no change has occurred) in
AWOTE in substitution for an estimate of such a change for that period
previously published by the Australian Statistician, the publication of the
later estimate is to be disregarded for the purposes of this section.". 142.
Paragraph 155B(1)(d): After "employee" insert "upon the sale or transfer or".
143. Subsection 155C(3) (definition of "eligible regulatory law"): Omit from
paragraph (a) " Superannuation Industry (Supervision) Act 1993", substitute
"SIS Act". Note: The heading to section 155C is altered by omitting "
Superannuation Industry (Supervision) Act 1993" and substituting "SIS Act".
144. Subsection 156(5): Omit "his", substitute "its". 145. Section 156A:

   (a)  Before "Board" (first, second and third occurring) insert
        "Commissioner or the".

   (b)  Omit "personal representative or to such person or persons (if any) as
        the Board determines", substitute "legal personal representative or,
        if no legal personal representative can be found, to any individual or
        individuals that the Board determines". 146. Subsection 157(2): Omit
        "he thinks", substitute "it thinks". 147. Subsection 157(3): Omit "he"
        (wherever occurring), substitute "it". 148. Section 158:

   (a)  Omit "him", substitute "it".

   (b)  Omit "he", substitute "it". 149. Section 158A: Add at the end:

"(2) If:

   (a)  subsection (1) applies in relation to a benefit that is payable to a
        person; and

   (b)  under the SIS Act the amount of the benefit is required to be paid to
        an eligible roll-over fund; the Board must comply with the
        requirement.". 150. Subparagraph 159(1)(b)(i): Omit "Public Service
        Act 1922", substitute "Public Service Act". 151. Subsection 160(8)
        (definition of "declared authority"): Omit from paragraph (a) "Public
        Service Act 1922", substitute "Public Service Act". 152. Paragraph
        163A(1)(b): Omit "the Commissioner's behalf", substitute "the Board's
        behalf". 153. Subparagraph 167AB(b)(i): Omit "
        Superannuation Industry (Supervision) Act 1993", substitute "SIS Act".
        154. Subparagraph 167AB(b)(iii): Omit "
        Superannuation Industry (Supervision) Act 1993", substitute "SIS Act".
        155. Subsection 168(1A): Omit "Superannuation (1990) Scheme",
        substitute "Public Sector Superannuation Scheme". 156. After
        subsection 168(12): Insert:

"(12A) Regulations made within one year after the commencement of this
subsection for the purposes of the amendments of this Act made by Schedule 2
to the Superannuation Legislation Amendment Act 1995 may commence on a day
earlier than the day on which they are made, but not earlier than the
commencement of this subsection.". 157. Subparagraph 168(13)(b)(i): Omit "
Superannuation Industry (Supervision) Act 1993", substitute "SIS Act". 158.
Subparagraph 168(13)(b)(iii): Omit "
Superannuation Industry (Supervision) Act 1993", substitute "SIS Act". 159.
Subsection 184(3):

   (a)  Omit "he", substitute "it".

   (b)  Omit "him", substitute "it". 160. Subsection 185(3): Omit. 161.
        Subsection 185(4): Omit, substitute:

"(4) An existing contributor to whom subsection 185(4) of the
Superannuation Act 1976 applied on 30 June 1995 may continue to pay
supplementary contributions at the percentage rate at which he or she was
entitled to pay supplementary contributions on that day.". 162. Subsection
237(1) (definition of "Board No. 1"): Omit. 163. Subsection 242D(1): Omit
"section 139 and subsection 141(1)", substitute "section 138". 164. Subsection
242D(2): Omit "139(2)(a)", substitute "138(2)(a)". 165. Paragraph 242E(1)(c):
Omit, substitute:

"(c) if the Board is satisfied that the person has, because of invalidity or
physical or mental incapacity, become totally and permanently incapacitated
within the meaning of Part IVA-the date that the Board considers to have been
the date on which the person became so incapacitated;". 166. Heading to Part
XIV: Omit "SUPERANNUATION (1990) SCHEME", substitute "PUBLIC SECTOR
SUPERANNUATION SCHEME". 167. Section 243: Repeal, substitute: Interpretation

"243. In this Part, unless the contrary intention appears:
'assets', 'investment assets of the Fund', 'investment liabilities of the
Fund' and 'liabilities' have the same meanings as in Part XIII.". 168. Section
244: Omit "Public Service Act 1922" (wherever occurring), substitute "Public
Service Act". 169. Subsection 244(1): Omit "Superannuation (1990) Scheme",
substitute "Public Sector Superannuation Scheme". Note: The heading to section
244 is altered by omitting "Superannuation (1990) Scheme" and substituting
"Public Sector Superannuation Scheme". 170. Paragraph 244(3)(a): Omit
"Superannuation (1990) Scheme", substitute "Public Sector Superannuation
Scheme". 171. Section 247: Omit "Superannuation (1990) Scheme", substitute
"Public Sector Superannuation Scheme". 172. Subsection 248(1): Omit "Board No.
1", substitute "the PSS Board". Note: The heading to section 248 is altered by
omitting "Superannuation (1990) Scheme" and substituting "Public Sector
Superannuation Scheme". 173. Section 249: Omit "Board No. 1" (wherever
occurring), substitute "the PSS Board". 174. Application The amendments made
by items 67, 117, 119, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 135,
136, 139, 163 and 164 apply only to people who cease to be eligible employees
on or after 1 July 1995. 175. Transitional (1) Any declaration in relation to
the holder of a statutory office that the Minister purported to make, before
the commencement of item 4, for the purposes of the definition of "approved
part-time employee" in subsection 3(1) of the Superannuation Act 1976 is taken
to have been validly made and has effect on and after that commencement as if
it had been duly made by the Minister for the purposes of paragraph (b) of the
definition of that expression as substituted by that item. (2) A delegation
given by the Board under section 27Q of the Superannuation Act 1976 that was
in force immediately before the commencement of item 42 continues in force as
if it had been given under that section as substituted by that item. (3)
Despite the amendment made by item 45:

   (a)  the Commonwealth Superannuation Fund No. 2 continues in existence
        under the name CSS Fund so that its identity is not affected; and

   (b)  in any Act, in any instrument under an Act, in any order (whether
        executive, judicial or otherwise), in any contract or in any other
        instrument, a reference to the Commonwealth Superannuation Fund No. 2
        is, except in relation to matters that occurred before the
        commencement of that item, taken to be a reference to the CSS Fund.