Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 636

             (1)  The Judges' Pensions Act 1968 does not apply to the President if:

                     (a)  immediately before being appointed as the President, he or she was one of the following (a public sector superannuation scheme member ):

                              (i)  an eligible employee for the purposes of the Superannuation Act 1976 ;

                             (ii)  a member of the superannuation scheme established by deed under the Superannuation Act 1990 ;

                            (iii)  an ordinary employer‑sponsored member of PSSAP (within the meaning of the Superannuation Act 2005 ); and

                     (b)  he or she does not make an election under subsection (2).

             (2)  The President may elect to cease to be a public sector superannuation scheme member.

             (3)  The election must be made:

                     (a)  within 3 months of the President's appointment; and

                     (b)  by written notice to the Minister.

             (4)  If the President makes the election:

                     (a)  he or she is taken to have ceased to be a public sector superannuation scheme member immediately before being appointed as the President; and

                     (b)  the Judges' Pensions Act 1968 applies to him or her, and is taken to have so applied, immediately after he or she was appointed as the President.