Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1991 No. 130, 1991 - SECT 44

44. After section 128 of the Principal Act the following section is inserted:
Payment to Commissioner under section 6A of the Superannuation Act 1990
"128AA. (1) Where:

   (a)  a person becomes an eligible employee by making an election under
        section 6A of the Superannuation Act 1990; and

   (b)  the person's accumulated funded contributions are paid to the
        Commissioner under subsection 6A (4) of that Act; the Commissioner
        must pay an amount equal to the person's accumulated funded
        contributions into the Superannuation Fund.

"(2) There is to be added to the period that, apart from this subsection,
would be the person's period of contributory service, a period equal to:

   (a)  the period during which the person was a member of the Superannuation
        (1990) Scheme; or

   (b)  such lesser period as is determined by the Commissioner, in writing,
        having regard to any time during which the person was engaged in
        part-time employment or was on leave of absence without pay.

"(3) The Commissioner is to determine those parts of the amount so paid into
the Superannuation Fund that, for the purposes of this Act, are to be regarded
as:

   (a)  the person's accumulated basic contributions; and

   (b)  the person's accumulated supplementary contributions; and

   (c)  the person's productivity contributions.".