New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 10

10 Certain employees may elect to contribute to the Fund

(1) Subject to section 3 (9), on the day on which an employee completes twelve months’ service on or after the appointed day he may, if he has not attained the age of sixty years, elect to contribute to the Fund unless he is a person who will become a contributor pursuant to section 11 or a person referred to in section 12 (2) or 12 (3).

(2) Where an employee was, immediately before he became an employee, a participant in a superannuation scheme by virtue of his employment he shall, for the purposes of subsection (1), be deemed to have completed twelve months’ service:

(a) on the day on which he became an employee, or

(b) on the day that is twelve months later than the day on which he took up the employment by virtue of which he became a participant in the superannuation scheme,

whichever is the later day.

(3) Where a person who becomes an employee by virtue of an election under section 3 (10) had completed more than nine months’ service at the time he first became entitled to make that election, subsection (1) applies to him as if he had completed nine months’ service at that time.

(4) An employee who makes an election under this section shall contribute to the Fund on and from a day determined by the Board, being a day that is not earlier than the day on which, pursuant to subsection (1), he is entitled to make the election.