(1) Section 586 does not confer an entitlement on a member of the court or commission or a member’s spouse or child, if—(a) for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or(b) otherwise—(i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or(ii) the member is not a member of the scheme and properly elects to be a member of the scheme.
(2) An election by a member under subsection (1) (b) must be made by giving signed notice to each of the following within 3 months after being first appointed as a member—(a) the trustee under the Superannuation (State Public Sector) Act 1990 ; and(b) the chief executive.
(3) In this section—
"scheme" means the scheme under the Superannuation (State Public Sector) Act 1990 .