New South Wales Consolidated Acts

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

15CO Transfer of servants to the State Superannuation Fund

(1) Where, by reason of a change in his employment classification within the service of his employer, a servant to whom Part 2, 3, 3B or 3D applies would, but for this subsection, be entitled or required to become a contributor to the State Superannuation Fund, he may not become such a contributor unless, not later than three months after the change in his employment classification (or such further period as the board may in any particular case allow), he elects, in the manner approved by the board, not to be subject to the provisions of this Act.

(2) A servant who makes an election under subsection (1) does not, on that account, cease to be subject to this Act until he becomes a contributor to the State Superannuation Fund.

(3) Where a person to whom Part 2 applies makes an election under subsection (1) and subsequently becomes a contributor to the State Superannuation Fund, the provisions of section 4 (4) (f) apply to and in respect of that person as if:

(a) immediately before he became a contributor to that Fund he had ceased to be employed as referred to in those provisions,

(b) he had advised the board that he did not wish to take over or to continue any policy on his life effected under Part 2, and

(c) any money that would, but for this subsection, have been payable to him pursuant to those provisions were payable instead to his employer.

(4) Where a person to whom Part 3 applies makes an election under subsection (1) and subsequently becomes a contributor to the State Superannuation Fund, the provisions of section 15 apply to and in respect of that person as if:

(a) immediately before he became a contributor to that Fund he had ceased to be employed as referred to in those provisions, and

(b) any money that would, but for this subsection, have been payable to him pursuant to those provisions were payable instead to his employer.

(5) Where a person to whom Part 3B applies makes an election under subsection (1) and subsequently becomes a contributor to the State Superannuation Fund, the provisions of section 15V apply to and in respect of that person as if:

(a) immediately before that person became a contributor to that Fund that person had ceased to be employed as referred to in section 15V (1) (a) or (b), as the case may require, and

(b) any money that would, but for this subsection, have been payable to that person pursuant to those provisions were payable instead to that person’s employer.

(6) Where a person to whom Part 3D applies makes an election under subsection (1) and subsequently becomes a contributor to the State Superannuation Fund:

(a) in the case of a person who, immediately before he became a contributor to that Fund, had completed 10 or more years’ approved service within the meaning of that Part-the provisions of section 15BK apply to and in respect of that person as if:

(i) he were a former contributor within the meaning of that section and, immediately before he became a contributor to that Fund, he had ceased to be a servant as referred to in those provisions, and

(ii) any money that would, but for this subsection, have been payable to him pursuant to those provisions were payable instead to his employer, and

(b) in the case of a person who, immediately before he became a contributor to that Fund, had completed less than 10 years’ approved service within the meaning of that Part-the provisions of section 15BL apply to and in respect of that person as if:

(i) he were a former contributor within the meaning of that section and, immediately before he became a contributor to that Fund, he had ceased to be a servant as referred to in those provisions, and

(ii) any money that would, but for this subsection, have been payable to him pursuant to those provisions were payable instead to his employer.

(7) The provisions of sections 15BC (6A) and (6B) apply to and in respect of the employer of a person to whom subsection (6) applies as if:

(a) immediately before the person became a contributor to the State Superannuation Fund, the person had withdrawn from the Pension Fund as referred to in those provisions, and

(b) where the employer is, pursuant to subsection (6), paid an amount under section 15BK or 15BL, the person had been paid that amount in consequence of his withdrawal.

(8) Where an employer is paid an amount pursuant to subsection (3), (4), (5) or (6) in respect of a servant, the employer shall, in its books and as soon as practicable, credit the servant with an amount calculated according to the Table specified in Schedule G that is applicable to his case.

(9) An amount credited to a servant of an employer pursuant to subsection (8) shall, for the purposes of Part 3A of the Superannuation Act 1916 , be deemed to be an amount refunded to him from a Public Service Superannuation Fund within the meaning of that Part of that Act and the servant shall be deemed, for those purposes:

(a) to have duly elected to take the benefit of section 20C of that Act, and

(b) to have directed the employer to pay that amount, or such part thereof as may be required, to the State Superannuation Fund.

(10) An employer shall, within one month of its receipt of a payment pursuant to subsection (3), (4), (5) or (6) in respect of a servant, pay to the State Superannuation Fund the amount it is deemed by subsection (9) to have been directed by the servant so to pay and shall pay to the servant any balance of the amount credited to him pursuant to subsection (8).

(11) Interest accrues on an amount due and payable under subsection (10) as if it were an amount referred to in section 91A (2) of the Superannuation Act 1916 .