Victorian Current Acts

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PORT MANAGEMENT ACT 1995 - SECT 119

Superannuation—continuing membership

    (1)     A port corporation employee or a designated agency employee who, immediately before becoming a port corporation employee or designated agency employee, was a member of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund—

        (a)     continues, on and after becoming a port corporation employee or designated agency employee, to be a member of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund for so long as he or she continues to be employed by a port authority, a port corporation or a designated agency or until ceasing to be a member as provided in the relevant governing instrument;

        (b)     is not entitled to receive any payment or other benefit by reason only of having ceased to be a port authority employee because of this Act, despite any provision of the relevant governing instrument;

        (c)     is entitled to payments and other benefits as if the relevant port authority, port corporation or designated agency had been the employer at all times since the port authority employee last became a member of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund.

    (2)     A designated port employee who, immediately before becoming a designated port employee was a member of the Port of Geelong Authority Superannuation Fund—

        (a)     continues, on and after becoming a designated port employee, to be a member of the Port of Geelong Authority Superannuation Fund for so long as he or she continues to be employed by a port authority or a local authority or until ceasing to be a member as provided in the relevant governing instrument;

        (b)     is not entitled to receive any payment or other benefit by reason only of having ceased to be a port authority employee because of this Act, despite any provision of the relevant governing instrument;

        (c)     is entitled to payments and other benefits as if the relevant port authority or local authority had been the employer at all times since the port authority employee last became a member of the Port of Geelong Authority Superannuation Fund.

    (3)     On and after the commencement of this Part, the governing instrument of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund has effect as if—

        (a)     the reference to PMA or PGA in the definition of Authority for the purposes of the governing instrument were a reference to the relevant port authority, port corporation, designated agency or local authority;

        (b)     the relevant governing instrument were amended to the extent necessary to give effect to subsections (1) and (2).



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