New South Wales Consolidated Acts

HIGHER EDUCATION (AMALGAMATION) ACT 1989 - SECT 29

29 Superannuation

(1) An officer of a former institution who, pursuant to this Part, becomes an officer of the corresponding institution:

(a) may continue to contribute to any superannuation scheme to which the person was a contributor immediately before becoming an officer of the corresponding institution, and

(b) is entitled to receive any payment, pension or gratuity accrued or accruing to the person under any such scheme,

as if he or she had continued to be such a contributor during his or her service as an officer of the corresponding institution.

(2) Service by an officer of a former institution as an officer of the corresponding institution shall be taken to be service as an officer of the former institution for the purposes of any law under which the officer continues to contribute to any such scheme or by which an entitlement under any such scheme is conferred.

(3) An officer of a former institution who, pursuant to this Part, becomes an officer of the corresponding institution shall be regarded as an officer or employee, and the corresponding institution shall be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this section.

(4) If a person would, but for this subsection, be entitled under subsection (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under any such scheme:

(a) the person is not so entitled on the person’s becoming a contributor to any other superannuation scheme, and

(b) the provisions of subsection (3) cease to apply to or in respect of the person and the corresponding institution where the person becomes a contributor to any such other superannuation scheme.

(5) Subsection (4) does not prevent the payment to an officer of a former institution, on the officer’s ceasing to be a contributor to a superannuation scheme, of such amount as would have been payable to the officer if the officer had ceased, by reason of resignation, to be such a contributor.