Victorian Consolidated Legislation

Melbourne Market Authority Act 1977 - SECT 46

Transfer of employees of Council to Trust

46. Transfer of employees of Council to Trust



(1) A person-

   (a)  who immediately before the appointed day was employed by the Council
        wholly or principally at the Melbourne wholesale fruit and vegetable
        market;

   (b)  who-

   (i)  commenced to be so employed at least one year before the appointed
        day; or

   (ii) commenced to be so employed on or after 1st October, 1976 to fill a
        vacancy occurring on the staff establishment of the Council in respect
        of that market as at 1st October, 1976; and

   (c)  who makes an election under this section-

shall, on the appointed day, become an officer or employee of the Trust.

(2) An election under this section shall be made in writing given to the Trust
not later than two months before the appointed day or before such later date
before the appointed day, as the Trust in a particular case determines.

(3) A person who, under this section, becomes an officer or employee of the
Trust shall be paid remuneration that is not less than that which he was
receiving immediately before the appointed day as an officer or employee of
the Council and is entitled to such accrued benefits in respect of long
service leave, recreation leave and sick leave as the Trust determines, not
being less than those to which he was entitled immediately before that day.

(4) A person who-

   (a)  makes an election under this section; and

   (b)  immediately before making that election was an officer within the
        meaning of the Rules of the City of Melbourne Officers' Superannuation
        Fund-

shall-

   (c)  notwithstanding anything to the contrary in those Rules, be deemed to
        continue to be an officer within the meaning of those Rules during the
        period during which he is an officer or employee of the Trust; and

   (d)  be deemed not to be an employee of the Trust within the meaning of the
        Local Authorities Superannuation Act 1988.

(5) The Trust shall pay to the trustees for the time being of the City of
Melbourne Officers' Superannuation Fund such amounts as are from time to time
payable under the Rules of the Fund in respect of the persons who, under
subsection (4), are to be deemed to continue to be officers within the meaning
of those Rules, being such amounts as would from time to time be payable by
the Council if those persons had continued to be officers of the Council.

(6) A person who-

   (a)  immediately before the appointed day was employed by the Council
        wholly or principally at the Melbourne wholesale fruit and vegetable
        market but was not an officer within the meaning of the Rules of the
        City of Melbourne Officers' Superannuation Fund; and

   (b)  makes an election under this section-

may, when making the election, declare that he elects to become a member of
the retirement scheme of the Trust established under subsection (8).

(7) A person who makes an election under subsection (6) shall be deemed not to
be an employee of the Trust within the meaning of the Local Authorities
Superannuation Act 1988.

(8) If one or more persons make an election under subsection (6), the Trust
shall establish and support a retirement scheme approved by the Minister for
the benefit of those persons and their dependants and shall make payments from
the funds of the Trust in connexion with the scheme.

(9) A scheme established under subsection (8) shall, as far as practicable,
correspond to the non-contributory Retiring Allowance Scheme for Corporation
Employés of the Council as in force immediately before the appointed day.

(10) A person who makes an election under subsection (6) is not liable to make
contributions to the scheme established under subsection (8).

(11) A person entitled to make an election under subsection (6) but who does
not make such an election shall be deemed to be an employee of the Trust
within the meaning of the Local Authorities Superannuation Act 1988 during the
period during which he is an officer or employee of the Trust and
notwithstanding anything to the contrary in that Act to have become such an
employee on the appointed day.



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