636Application of Judges’ Pensions Act to the President

636 Application of Judges’ Pensions Act to the President

(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.