Victorian Current Acts Victorian Current ActsS. 46(1) amended by No. 74/2000 s. 3(Sch. 1 item 82.4)
(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.
S. 46(3) amended by No. 74/2000 s. 3(Sch. 1 item 82.4)
(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—
S. 46(4)(c) amended by No. 74/2000 s. 3(Sch. 1 item 82.4)
(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
S. 46(4)(d) amended by No. 23/1988 s. 61(11)(a).
(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).
S. 46(7) amended by No. 23/1988 s. 61(11)(b).
(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).
S. 46(11) amended by Nos 23/1988 s. 61(11)(c)(i) (ii), 72/1989 s. 15.
(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.
S. 47 repealed by No. 9863 s. 2, new s. 47 inserted by No. 40/2019 s. 74.