South Australian Numbered Acts

STATUTES AMENDMENT (TRANSITION TO RETIREMENT--STATE SUPERANNUATION) ACT 2008 (NO 4 OF 2008) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Interpretation

In this Schedule—

principal Act means the Superannuation Act 1988 .

2—Transitional provisions

        (1)         A person—

            (a)         who has, before the commencement of this subclause, resigned from employment in circumstances that fall within the ambit of subsection (1) of section 28A of the principal Act (as in existence immediately before that commencement); and

            (b)         who has not received any benefit under that section before the commencement of this subclause,

will have 3 months from that commencement to make an election under this subclause and if such an election is not made by the expiration of that period then section 28 of the principal Act will apply to the person to the exclusion of section 28A of the principal Act.

        (2)         A person to whom section 39A of the principal Act applies—

            (a)         who resigned or retired from employment before the commencement of this subclause; and

            (b)         who has not made an election under subsection (3)(b) of that section before the commencement of this subclause,

will have 3 months from that commencement to make such election (so that any election made after the expiration of that period by such a person will have no effect).

        (3)         Section 40B of the principal Act, as enacted by this Act, applies only to a person whose right to the payment of a pension under the principal Act arises after the commencement of this subclause.