New South Wales Consolidated Acts

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STATE PUBLIC SERVICE SUPERANNUATION ACT 1985 - SCHEDULE 4

SCHEDULE 4 – Excluded persons

(Section 3)

1 General exclusions

For the purposes of the definition of "employee" in section 5 (1), a person is an excluded person if he or she:

(a) is a full-time employee and is a contributor to a superannuation scheme other than the superannuation scheme established by this Act,
(b) received a benefit under, or is in receipt of periodic payments under, such a superannuation scheme as a consequence of ill-health, not being a benefit or payments based on an elapsed period of membership,
(c) is a person who was a contributor and received a benefit under this Act where prospective benefit points were a factor in the calculation of the amount of the benefit, or
(d) is a Judge within the meaning of the Judges’ Pensions Act 1953 , or a master within the meaning of the Supreme Court Act 1970 , or is Solicitor General.

2 Disqualification of contributor

(1) In this clause, "University" means a university established by an Act.
(2) A person who is appointed after the commencement of this Act as a professor of a University and becomes a contributor ceases to be a contributor if he or she becomes a party to any scheme or arrangement to which that University is also a party and under which he or she is, or may become, entitled to any pension, annuity, lump sum or other payment on retirement from the professorship.
(2A) A person:
(a) who is an employee of a University and a contributor, and
(b) who, on or after the 1st September 1987, becomes a party to any scheme or arrangement to which that University is also a party and under which he or she is, or may become, entitled to any pension, annuity, lump sum or other payment on retirement as such an employee,
ceases to be a contributor upon becoming a party to that scheme or arrangement.
(3) Subclauses (2) and (2A) have effect in relation to a person who ceases to be a contributor as if the person had ceased to be contributor by reason of resignation from the service of an employer.



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