New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 62

62 Eligibility to contribute to superannuation scheme

(1) This section has effect notwithstanding anything in this or any other Act.

(2) Where a contributor would, but for this subsection, be entitled or required to participate in a superannuation scheme by reason of a change in his employment classification within the service of his employer, he may not participate in the superannuation scheme unless, not later than three months after the change in his employment classification, he elects not to contribute to the Fund.

(3) Where a contributor ceases to be employed by an employer and, not more than three months later, being under the age of sixty years, he takes up employment with another person (whether an employer or not) by virtue of which he would, if he failed to comply with paragraphs (a), (b) and (c), be entitled or required to participate in a superannuation scheme, he may not participate in the superannuation scheme, and he continues as a contributor, if:

(a) within three months after taking up employment with that other person, he elects to continue to be subject to the provisions of this Act,

(b) he complies with section 23 (2) (b) as if his election under paragraph (a) were the application referred to in section 23 (2) (a), and

(c) he complies with section 23 (2) (c) as if his taking up of employment with that other person were the resumption of employment referred to in section 23 (2) (c).

(4) A contributor who makes the election referred to in subsection (2) does not, on that account, cease to be a contributor until he participates in the superannuation scheme so referred to.

(5) Where, pursuant to subsection (3), a person continues as a contributor:

(a) the person with whom he took up employment as referred to in that subsection shall be, and shall be deemed to have been on and from the commencement of the employment, an employer in relation to the contributor, and

(b) the contributor shall be deemed to have complied with section 23 (2).

(6) Where a contributor elects, in the circumstances referred to in subsection (2), not to contribute to the Fund and pursuant to the superannuation scheme so referred to he elects to pay as a contribution under that scheme moneys paid under this Act, there shall, whatever the length of his service, be paid to his employer on his behalf from the Fund an amount equal to the amount that would have been payable to him pursuant to section 30 if, on becoming a participant in the superannuation scheme, he:

(a) had completed not less than five but less than ten, years’ service, and

(b) had ceased to be employed by an employer.

(7) Moneys paid to an employer pursuant to subsection (6) on behalf of an employee shall be paid by the employer:

(a) in accordance with the requirements of the superannuation scheme in which the employee becomes a participant, and

(b) to the extent of any amount not required for the purposes of paragraph (a)-to the employee.

(8) Where a contributor elects, in the circumstances referred to in subsection (2), not to contribute to the Fund and:

(a) the superannuation scheme so referred to entitles him to elect to pay as a contribution under that scheme moneys paid to him under this Act, but does not so elect, or

(b) the superannuation scheme so referred to does not entitle him so to elect,

there shall be paid to him from the Fund an amount equal to the amount that would be paid to him pursuant to section 30 (section 30 (d) (ii) excepted) if, on becoming a participant in the superannuation scheme, he ceased to be employed by an employer.