49ZUApplication of Part

#### 49ZU Application of Part 49ZU Application of Part > > (1) This Part applies to and for the benefit of employees specified in the following paragraphs on and from the dates specified— > > > > > (a) 1 January 1991—persons who are employed in the public sector, other than persons specified in paragraph (c), > > > > > (b) 1 January 1992—employees of a council, > > > > > (c) 1 January 1993—persons who are employed in the public sector in fire fighting or fire prevention, > > > > > (d) 1 January 1993—all other employees in New South Wales whether or not employed subject to an award or agreement. > > > (2) This Part applies despite any compulsory retirement age fixed by an award or agreement made before, on or after 1 January 1991. Section 54 does not affect the operation of this subsection. > > > (3) In this Part— > > > > award or agreement means an award or enterprise agreement within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). > > > > employed in the public sector means— > > > > > (a) employed in the Public Service or the Teaching Service, or > > > > > (b) employed in the NSW Police Force otherwise than as a police officer, or > > > > > (c) employed in the service of a public authority, or > > > > > (d) holding a statutory office. > > > > employee includes a commission agent and a contract worker. > > > (4) In the operation of this Part in relation to the retirement of an employee or class of employees, the meaning of retirement may vary according to the particular circumstances. However, the regulations may make provision for or with respect to circumstances which are to constitute retirement for the purposes of this Part or circumstances which are not to constitute retirement for such purposes or both. > > **s 49ZU:** Ins 1990 No 99, Sch 1 (1). Am 1995 No 11, Sch 1.3 \[2\]; 1995 No 18, Sch 5; 1997 No 9, Sch 1 \[14\] \[15\]; 2003 No 17, Sch 3.1; 2004 No 114, Sch 2.1 \[2\]; 2011 No 62, Sch 3.1.