New South Wales Consolidated Acts

STATE PUBLIC SERVICE SUPERANNUATION ACT 1985 - SECT 12

12 Election to contribute to the Fund

(1) An employee may lodge with the Board an election to contribute to the Fund.

(2) An election under subsection (1) shall:

(a) be in a form approved by the Board for the purposes of this section,

(b) specify the rate at which the employee desires, subject to this Act, to contribute to the Fund, being the rate of 2, 3, 4, 5, 6, 7, 8 or 9 per cent of the employee’s salary,

(c) be accompanied by the certificate by the employee’s employer referred to in the definition of "employee" in section 5 (1), and

(d) be accompanied by a certificate by the employee’s employer that is in a form approved by the Board for the purposes of this section and specifies:

(i) the date of birth of the employee,

(ii) whether the employee is a part-time employee,

(iii) the salary, and the attributed salary, of the employee, and

(iv) such other matters as the Board considers to be necessary or convenient for the purposes of this section.

(3) A failure to comply with subsection (2) (b) does not invalidate an election and, in the event of such a failure, the form of election shall be deemed to specify a rate of 2 per cent.

(4) Subject to this Act, an election under subsection (2) takes effect:

(a) in the case of an election by a person who was an employee at the commencement of this Act and whose election is received in the office of the Board not later than 2 months after that commencement-as at that commencement,

(b) in the case of an election by a person who becomes an employee after that commencement and whose election is received in the office of the Board not later than 2 months after the person becomes an employee-as at the date on which the person became an employee, or

(c) in any other case-as at the date on which the election is received in the office of the Board.

(5) An election by an employee under this section takes effect only if, at the time for its taking effect, the employee has not attained the age of 60 years.

(6) The Board is entitled to act on information provided under subsection (2).

(7) Where a contributor to another superannuation scheme becomes (but for being such a contributor) entitled also to elect to contribute to the Fund by reason of a change of work category or for any other reason:

(a) that contributor shall be deemed not to be a contributor to that other superannuation scheme for the purposes of making that election,

(b) that contributor may make that election on condition that the Board approves an application made by the person under section 13 to be covered for the supplementary benefit, and

(c) that election takes effect as at the date determined by the Board.