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Industrial Relations Act 2016
sec.589Benefits— Superannuation (State Public Sector) Act 1990
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### sec.589 Benefits— Superannuation (State Public Sector) Act 1990
Section 586 does not confer an entitlement on a member of the court or commission or a member’s spouse or child, if—
for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or
otherwise—
the member is a member of the scheme and properly elects to continue as a member of the scheme; or
the member is not a member of the scheme and properly elects to be a member of the scheme.
An election by a member under subsection (1) (b) must be made by giving signed notice to each of the following within 3 months after being first appointed as a member—
the trustee under the Superannuation (State Public Sector) Act 1990 ; and
the chief executive.
In this section—
scheme means the scheme under the Superannuation (State Public Sector) Act 1990 .
s 589 amd 2021 No. 20 s 59 sch 1
(sec.589-ssec.1) Section 586 does not confer an entitlement on a member of the court or commission or a member’s spouse or child, if— for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or otherwise— the member is a member of the scheme and properly elects to continue as a member of the scheme; or the member is not a member of the scheme and properly elects to be a member of the scheme.
(sec.589-ssec.2) An election by a member under subsection (1) (b) must be made by giving signed notice to each of the following within 3 months after being first appointed as a member— the trustee under the Superannuation (State Public Sector) Act 1990 ; and the chief executive.
(sec.589-ssec.3) In this section— scheme means the scheme under the Superannuation (State Public Sector) Act 1990 .
- (a) for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or
- (b) otherwise— (i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or (ii) the member is not a member of the scheme and properly elects to be a member of the scheme.
- (i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or
- (ii) the member is not a member of the scheme and properly elects to be a member of the scheme.
- (i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or
- (ii) the member is not a member of the scheme and properly elects to be a member of the scheme.
- (a) the trustee under the Superannuation (State Public Sector) Act 1990 ; and
- (b) the chief executive.