Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 80

             (1)  The Judges' Pensions Act 1968 does not apply in relation to a Presidential Member if:

                     (a)  immediately before being appointed as a Presidential Member, he or she was:

                              (i)  an eligible employee for the purposes of the Superannuation Act 1976 ; or

                             (ii)  a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

                            (iii)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and

                     (b)  he or she does not make an election under subsection (2).

             (2)  A Presidential Member may elect to cease to be:

                     (a)  an eligible employee for the purposes of the Superannuation Act 1976 ; or

                     (b)  a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

                     (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 .

             (3)  The election must be made:

                     (a)  within 3 months of the Presidential Member's appointment; and

                     (b)  by notice in writing to the Minister.

             (4)  If a Presidential Member makes the election:

                     (a)  the Judges' Pensions Act 1968 applies in relation to him or her and is taken to have so applied immediately after he or she was appointed as a Presidential Member; and

                     (b)  he or she is taken to have ceased to be:

                              (i)  an eligible employee for the purposes of the Superannuation Act 1976 ; or

                             (ii)  a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

                            (iii)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;

                            immediately before being appointed as a Presidential Member.