New South Wales Consolidated Acts

LOCAL GOVERNMENT AND OTHER AUTHORITIES (SUPERANNUATION) ACT 1927 - SECT 15AB

15AB Transfer of contributor from council to council

(1) Where the board is satisfied, on an application in writing made to the board on a form approved by the board by a contributor by whom an application has not been made under subsection (2) of section 15V, or subsection (3) of section 15Y, that the contributor has ceased, or is to cease, to be employed in the service of a council and proposes to enter, within a reasonable time, the service of another council, the board may approve of the retention in that contributor’s servant’s account, for such period as may be specified in the approval, of the moneys standing to his credit in that account.

(2) An application under subsection (1) may be made by a contributor at any time before he ceases to be employed in the service of a council or within twenty-one days after he so ceases to be employed.

(3) An approval under subsection (1):

(a) may be given subject to such terms and conditions relating to the payment by the contributor:

(i) of the contributions that would, had he not ceased to be employed in the service of the council, have been payable under this Part in respect of him during the period, or

(ii) of the contributions paid in respect of him for the period, commencing on the date on which he ceased to be employed and ending on the date on which he commences service with the other council or on the date on which the period referred to in that approval expires, whichever is the earlier, and

(b) shall cease to be in force if the contributor fails to comply with any of those terms and conditions.

(4) From the date on which any approval under subsection (1) is given until the approval ceases to be in force or until the contributor enters the service of another council, whichever first occurs:

(a) the provisions of subsection (1) of section 15V, and of subsection (1) of section 15Y, do not apply to that contributor, and

(b) that contributor remains a contributor for the purposes of sections 15W and 15X and his salary shall, for the purposes of those sections, be deemed to be the annual salary that was payable to him immediately before he ceased to be employed.

(5) Where a contributor in respect of whom an approval under subsection (1) has been given by the board has left the service of a council and, while the approval was in force, enters the service of another council:

(a) the provisions of section 15J do not apply to or in respect of the contributor upon his entering the service of that other council, and

(b) the board may make such determinations and give such directions as the board thinks fit with respect to:

(i) the payment by that other council to the council in whose service the contributor was previously employed of such part of any contributions paid by that lastmentioned council in respect of the contributor as relates to any period commencing on the day on which the contributor entered the service of that other council,

(ii) the liability of that other council to make contributions under this Part to the board in respect of the contributor,

(iii) the amount that shall be regarded for the purposes of this Part as being the salary of the contributor for the purpose of determining any such liability of that other council or for the purpose of determining the deductions to be made by that other council from the salary of the contributor, and

(iv) such other matters as the board considers necessary for the purpose of equitably adjusting the rights and liabilities of the contributor and of the councils concerned.

(6) Any determination or direction made by the board under subsection (5) has effect according to its tenor notwithstanding any other provision of this Act and shall be binding on the councils concerned and the contributor.