WORKPLACE RELATIONS ACT 1996 - SECT 80 Application of Judges' Pensions Act
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 80
Application of Judges' Pensions Act(1) The Judges' Pensions Act 1968 does not apply in relation to a Presidential Member if:
(a) immediately before being appointed as a Presidential Member, he or she was:
(i) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(iii) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and
(b) he or she does not make an election under subsection (2).
(2) A Presidential Member may elect to cease to be:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 .
(3) The election must be made:
(a) within 3 months of the Presidential Member's appointment; and
(b) by notice in writing to the Minister.
(4) If a Presidential Member makes the election:
(a) the Judges' Pensions Act 1968 applies in relation to him or her and is taken to have so applied immediately after he or she was appointed as a Presidential Member; and
(b) he or she is taken to have ceased to be:
(i) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(iii) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;
immediately before being appointed as a Presidential Member.