New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 12A

12A Contributors to State Superannuation Fund becoming employees

(1) Subject to subsection (2), a person who, not more than 3 months before becoming an employee, was a contributor to the State Superannuation Fund may, at the time of becoming an employee, elect to contribute to the Fund and to take the benefit of this section.

(2) A person may not make an election referred to in subsection (1) if:

(a) the person has attained the age of 60 years, or

(b) immediately before ceasing to be a contributor to the State Superannuation Fund, the person was treated by the State Superannuation Board as if the person were not an employee within the meaning of the Superannuation Act 1916 .

(3) An employee who makes the election referred to in subsection (1) shall pay to the Board an amount equivalent to the sum (if any) received by the employee by virtue of ceasing to be a contributor to the State Superannuation Fund or such part thereof as the Board determines in respect of the employee.

(4) The Board may determine that such part as it may specify of an amount paid to the Board by an employee as referred to in subsection (3) be paid into the Fund on behalf of any other person (whether an employer or not) who previously employed the employee during a period of service in respect of which any benefit payable from the Fund to or in respect of the employee is required to be calculated or may determine that that part be otherwise disbursed to or on behalf of that person.

(5) An employee who makes the election referred to in subsection (1) shall contribute to the Fund on and from a day determined by the Board.

(6) Nothing in this section prevents the application of section 10 to a person referred to in subsection (1) who does not make the election referred to in that subsection.