New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 21

21 Age of retirement

(1) A contributor (being, in the case of a woman, a contributor at the rate prescribed for retirement at age sixty) who has served for at least ten years with any one or more employers shall be entitled to elect to retire on pension from the service of the contributor’s employer upon or after reaching the age of sixty years; and every woman contributor at the rate prescribed for retirement at age fifty-five who has so served shall be entitled to so retire upon or after reaching the age of fifty-five years.

(1B) A contributor (being, in the case of a woman, a contributor at the rate prescribed for retirement at age sixty) shall be entitled to elect to retire from the service of the contributor’s employer on pension on or after reaching the age of fifty-five years if the contributor has continuously been a contributor during the next preceding period of ten years.

(3) A person who, before becoming a contributor, was:

(a) employed on terms requiring the contributor to give the whole of his or her time to that employment, and

(b) paid at an hourly, daily, weekly or fortnightly rate, or at piecework rates,

is entitled to have that employment treated as service as an employee for the purposes of this section.

(4) Whenever:

(a) a period of employment that a contributor has had with an employing authority, and

(b) a later period of service that the contributor has had as an employee with an employer are continuous,

STC may, if satisfied that, having regard to the nature of the work performed by the contributor during that period of employment, it is proper to do so, treat, for the purposes of this section, that period of employment as a period of service as an employee with that employer.

(5) A reference in subsection (4) to a period of service as an employee with an employer includes a reference to a period treated under subsection (3) or (4) as a period of service as an employee.