New South Wales Consolidated Acts

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

15AN Application of this Part to new and certain existing servants

(1) This section applies to a person who:

(a) on 31 March 1977 was not but subsequently becomes a servant,

(b) on 31 March 1977 was a servant and on or after that date ceased or ceases to be a servant, but after that date becomes a servant (whether of the same or a different employer), or

(c) on 31 March 1977 was a servant but not a permanent servant.

(2) A servant who is a person to whom this section applies may, in a form approved by the board, elect to come under the provisions of this Part.

(2A) A servant who is a person to whom this section applies and who is entitled or required to become a contributor to the State Superannuation Fund may not become a contributor under this section unless he makes an election under subsection (2) before the day referred to in subsection (3) (b).

(2B) A person who has become a contributor under this section and who would, but for this subsection, be and have been, from a time before he so became a contributor, entitled or required to become a contributor to the State Superannuation Fund may not become while he remains a person to whom this section applies, and shall be deemed not to have been, since that time and while he remained a person to whom this section applied, entitled or required to become, a contributor to the State Superannuation Fund.

(3) Subject to subsection (2A), a servant who is a person to whom this section applies, and who is not already a contributor, becomes a contributor on:

(a) if he makes an election under subsection (2)-the first day of the second month after that in which his election is received by the board, or

(b) if he has, since last becoming a servant, completed a period of 3 years’ continuous service with one or more employers-the first day of the second month after that in which he completed that period of service.

(4) Subsection (3) (b) does not apply to:

(a) a person who had, when he last became a servant, attained the age of 55 years, or

(b) a person exempted from the operation of that paragraph under subsection (13).

(5) A person who makes an election under subsection (2) shall furnish to the board with his election such details of his medical and personal history as are provided for in the form on which he makes the election.

(6) A person who becomes a contributor under this section, otherwise than by reason of his making an election under subsection (2), shall furnish to the board, in a form approved by the board, such details of his medical and personal history as are provided for in that form.

(7) The board may by notice in writing require any person to whom this section applies to submit himself for such medical examination or examinations as the board may determine.

(8) The board shall consider any details of the medical and personal history of the servant submitted by him and the results of any medical examination referred to in subsection (7) and shall determine, as it thinks fit, that the servant is:

(a) qualified for full additional benefits,

(b) qualified for partial, but not full, additional benefits, or

(c) not qualified for either such benefits.

(9) Until the board has made a determination under subsection (8) that a servant is qualified for full or partial additional benefits, that servant shall not be qualified for either such benefits.

(10) A determination under subsection (8) that an applicant is qualified for full or partial additional benefits shall take effect:

(a) where the applicant is not already a contributor-from the date when he becomes a contributor, or

(b) where the applicant is already a contributor-from such date, not being earlier than the date of the determination, as may be specified by the board in the determination.

(11) A person to whom this section applies may, if:

(a) he is the holder of a current insurance policy, or

(b) there is any amount standing to his credit in the Provident Fund or the Benefits Fund,

apply to the board, before the expiration of the prescribed period, to be exempted from coming under the provisions of this Part.

(12) The board may, if it thinks fit, approve of the application, and where the applicant is the holder of a current insurance policy, may so approve subject to such conditions (which shall have effect notwithstanding any other provision of this Act and shall be binding on the employer concerned and the applicant) with respect to the apportionment of premiums payable in respect of the policy and the acceptance of the policy by the board for the purposes of Part 2 as the board thinks fit.

(13) The board may, on application made by a person to whom this section applies, exempt that person from the operation of subsection (3) (b) if the board is of the opinion that, having regard to the special circumstances of the case, it is proper to do so and if he is not already a contributor.