Victorian Current Acts

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SUPERANNUATION (PUBLIC SECTOR) ACT 1992 - SECT 10

Termination of contract during term

S. 10(1) amended by No. 46/1998 s. 7(Sch. 1).

    (1)     For the purposes only of a statutory superannuation scheme, a contract officer must be taken to have resigned on the termination by the executive of his or her contract of employment during its term if—

        (a)     the contract does not include a right of return to the public sector; and

        (b)     a new contract is not entered into on or before that termination.

S. 10(2) amended by No. 46/1998 s. 7(Sch. 1).

    (2)     For the purposes only of a statutory superannuation scheme, a contract officer must be taken to have been retrenched on the termination by the executive's employer of the officer's contract of employment during its term if—

        (a)     the contract does not include a right of return to the public sector; and

        (b)     a new contract is not entered into on or before that termination.

    (3)     For the purposes only of a statutory superannuation scheme, if—

        (a)     a contract officer's contract of employment includes a right of return to the public sector; and

        (b)     the contract is terminated during its term by the officer; and

        (c)     a new contract is not entered into on or before that termination; and

        (d)     the right of return is not exercised in accordance with the contract—

the officer must be taken to have resigned on not exercising that right of return.

    (4)     For the purposes only of a statutory superannuation scheme, if—

        (a)     a contract officer's contract of employment includes a right of return to the public sector; and

        (b)     the contract is terminated during its term by the employer; and

        (c)     a new contract is not entered into on or before that termination; and

        (d)     the right of return is not exercised in accordance with the contract—

the officer must be taken to have been retrenched on not exercising that right of return.

S. 11 amended by No. 97/1993 s. 46(1)(b).



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