Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1991 No. 130, 1991 - SECT 64

64. Section 244 of the Principal Act is amended:

   (a)  by omitting from subsection (1) "a provision (other than paragraph 6
        (2) (a)) of the Superannuation Act 1990" and substituting "or under
        the Superannuation Act 1990 (other than by paragraph 6 (2) (a) of that
        Act)";

   (b)  by omitting subsection (2) and substituting the following subsections:

"(2) An eligible employee may not make an election and declaration under
subsection (1) during any period when the eligible employee is absent from
duty on leave of absence without pay.

"(2A) An eligible employee, after the termination of a period mentioned in
subsection (2), may only make an election and declaration under subsection (1)
if that period commenced before 1 July 1991.

"(2B) An eligible employee may not make an election and declaration under
subsection (1) during any period when the eligible employee:

   (a)  is a person to whom Part IV of the Public Service Act 1922, or the
        Officers' Rights Declaration Act 1928, applies other than such a
        person who during that period is:

   (i)  employed by the Commonwealth otherwise than under the Public Service
        Act 1922; or

   (ii) employed by an approved authority for the purposes of the
        Superannuation Act 1990; or

   (iii) the holder of a statutory office; or

   (b)  is an approved person for the purposes of Part IV of the Commonwealth
        Legal Aid Act 1977.

"(2C) Subject to subsection (2D), an eligible employee:

   (a)  mentioned in paragraph (2B) (a) who ceases to be a person to whom Part
        IV of the Public Service Act 1922 applies; or

   (b)  who ceases to be an approved person for the purposes of Part IV of the
        Commonwealth Legal Aid Act 1977; may only make an election and
        declaration under subsection (1) after so ceasing if the eligible
        employee became before 1 July 1991:

   (c)  a person to whom Part IV of the Public Service Act 1922 applies; or

   (d)  an approved person for the purposes of Part IV of the Commonwealth
        Legal Aid Act 1977; as the case may be.

"(2D) Subsection (2C) does not apply to a person to whom Part IV of the Public
Service Act 1922 applies if the person immediately before becoming such a
person was a person to whom the Officers' Rights Declaration Act 1928 applied.

"(2E) A person who, immediately before becoming an eligible employee, was a
person to whom invalidity pension was, or but for a suspension of payment
would have been, payable under the Superannuation Act 1976 may only make an
election and declaration under subsection (1) if the person became entitled to
that pension before 1 July 1991.";

   (c)  by omitting paragraph (3) (a) and substituting the following
        paragraph:
  "(a)   if the eligible employee was, until 31 March 1991 or any later day,
precluded by or under the Superannuation Act 1990 (other than by paragraph 6
(2) (a) of that Act) from being a member of the Superannuation (1990) Scheme -
after the period of 3 months commencing on the day on which the eligible
employee ceased to be so precluded; or";

   (d)  by omitting from paragraph (3) (c) "1 April 1991" and substituting "31
        March 1991";

   (e)  by inserting after paragraph (3) (c) the following paragraph:
  "(ca)   if the eligible employee is precluded under subsection (2B) from
making the election and declaration during a period that ends after 31 March
1991 - after the period of 3 months commencing immediately after the
termination of that period; or".