sec.40Pension benefits to members

### sec.40 Pension benefits to members The Judges (Pensions and Long Leave) Act 1957 , other than sections  2AA , 8C , 15 and 15A , apply to a member as if a reference to a judge included a reference to a member. Subsection (1) does not apply to— an acting member; or a member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund. An election under subsection (2) (b) must be made within 3 months after the member’s appointment, by written notice given to— the chief executive; and for a member whose chosen fund is the scheme under the State Public Sector Superannuation Act —the trustee under that Act. If a member for whom eligible contributions are being paid to the scheme under the State Public Sector Superannuation Act at the time of the member’s appointment as a member does not elect to continue to have eligible contributions paid to the scheme, the member, in relation to the scheme— is taken to have ceased to be a public service officer on the day of the appointment; and if the member is less than 55 years—is treated as if he or she had resigned; and if the member is 55 years or more—is treated as if he or she had retired. In this section— chosen fund , for a member, means— the scheme under the State Public Sector Superannuation Act ; or another fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act , part 5 . eligible contributions means contributions paid at the rate and frequency prescribed under the State Public Sector Superannuation Act for employees of a unit of the State public sector as defined under that Act. State Public Sector Superannuation Act means the Superannuation (State Public Sector) Act 1990 . s 40 amd 2007 No. 55 s 54 sch 1 ; 2016 No. 64 s 79 sch 1 ; 2021 No. 20 s 59 sch 1 (sec.40-ssec.1) The Judges (Pensions and Long Leave) Act 1957 , other than sections  2AA , 8C , 15 and 15A , apply to a member as if a reference to a judge included a reference to a member. (sec.40-ssec.2) Subsection (1) does not apply to— an acting member; or a member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund. (sec.40-ssec.3) An election under subsection (2) (b) must be made within 3 months after the member’s appointment, by written notice given to— the chief executive; and for a member whose chosen fund is the scheme under the State Public Sector Superannuation Act —the trustee under that Act. (sec.40-ssec.4) If a member for whom eligible contributions are being paid to the scheme under the State Public Sector Superannuation Act at the time of the member’s appointment as a member does not elect to continue to have eligible contributions paid to the scheme, the member, in relation to the scheme— is taken to have ceased to be a public service officer on the day of the appointment; and if the member is less than 55 years—is treated as if he or she had resigned; and if the member is 55 years or more—is treated as if he or she had retired. (sec.40-ssec.5) In this section— chosen fund , for a member, means— the scheme under the State Public Sector Superannuation Act ; or another fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act , part 5 . eligible contributions means contributions paid at the rate and frequency prescribed under the State Public Sector Superannuation Act for employees of a unit of the State public sector as defined under that Act. State Public Sector Superannuation Act means the Superannuation (State Public Sector) Act 1990 . - (a) an acting member; or - (b) a member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund. - (a) the chief executive; and - (b) for a member whose chosen fund is the scheme under the State Public Sector Superannuation Act —the trustee under that Act. - (a) is taken to have ceased to be a public service officer on the day of the appointment; and - (b) if the member is less than 55 years—is treated as if he or she had resigned; and - (c) if the member is 55 years or more—is treated as if he or she had retired. - (a) the scheme under the State Public Sector Superannuation Act ; or - (b) another fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act , part 5 .