New South Wales Consolidated Acts

STATE AUTHORITIES SUPERANNUATION ACT 1987 - SECT 30A

30A Contributor who is executive officer

(1) When a contributor becomes an executive officer, the contributor must:

(a) elect to continue to contribute to the Fund, or

(b) elect to make provision for a benefit provided by section 43 (6).

(2) If a contributor fails to make an election under subsection (1) within 2 months of being required to make that election, the contributor, for the purposes of this section, is to be taken to have elected to continue to contribute to the Fund.

(3) Nothing in this Act prevents a contributor who elects to continue to contribute to the Fund from also contributing to the First State Superannuation Fund or another superannuation scheme and such a contributor is entitled to benefits in accordance with this Act despite being a member of that Fund or another scheme.

(4) If a contributor elects to continue to contribute to the Fund, the contributor may, at any time thereafter while being an executive officer, elect to make provision for a benefit provided by section 43 (6).

(5) A contributor who elects, under this section, to make provision for a benefit provided by section 43 (6):

(a) is entitled to make provision for the benefit even though he or she is not entitled to a benefit (including any interest paid by STC) of or exceeding the amount prescribed for the purposes of section 43 (1), and

(b) is not entitled to a benefit payable under any other provision of this Act, and

(c) is not entitled to elect to take the benefit provided by section 43 (7), and

(d) except as provided by subsection (6), is not entitled to be paid the benefit provided by section 43 (6) until on or after first ceasing to be an employee after making the election and unless there exist the circumstances set out in section 43 (3), and

(e) may elect at any time before the benefit is paid to have the benefit paid to the credit of the contributor in the First State Superannuation Fund or another complying superannuation fund, a complying approved deposit fund or a retirement savings account, if the contributor is a member or is eligible to become a member of that fund or account.

(6) If a contributor makes an election under subsection (5) (e), STC must, as soon as practicable after the election is made, pay to the trustee or provider of the nominated fund or account the amount of the benefit provided by section 43 (6) to which the contributor is entitled having regard to this section.

(7) If a contributor makes an election under subsection (1) (b) or (4) within 12 months after being:

(a) appointed as a chief executive officer or senior executive officer or a police executive officer, or

(b) nominated as an office holder for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975 ,

the salary of the contributor, for the purpose of determining the amount of the benefit to which the election relates, is to be taken to be his or her salary immediately before that appointment or nomination took effect.