Public Sector Superannuation Reform Act 2016
60Transitional and savings provisions relating to repeal of Retirement Benefits Act 1993
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60 Transitional and savings provisions relating to repeal of Retirement Benefits Act 1993
(1) The repeal of the Retirement Benefits Act 1993 does not affect the validity of –
(a) any action or decision that was taken, under section 29F of that Act, to be valid; or
(b) any payment that was taken, by virtue of section 29G of that Act, to have been validly made; or
(c) a decision or determination of the Board that was taken, by virtue of section 29H or 29K of that Act, to have been validly made; or
(d) any benefit, paid by the Board, that was taken, by virtue of section 29H of that Act, to have been validly paid.
(2) An action does not lie against the Crown, the Board, any member of the Board, the chief executive officer of the Board or any other officer of the Board –
(a) by reason of the operation of section 29B or 29C of the Retirement Benefits Act 1993 ; or
(b) in respect of any advice given, or statement made, in good faith by or on behalf of the Board arising from, or for the purposes of, either of those sections.
(3) Despite the repeal of Schedule 3 to the Retirement Benefits Act 1993 , an instrument that was in force immediately before 1 July 1995 and in which there is a reference to the Retirement Benefits Fund Investment Trust continues in effect as if –
(a) the reference to the Trust were a reference to the Commission; and
(b) if the case so requires, the reference included a reference to the Commission –
unless the context or subject matter of the instrument otherwise indicates or requires.
(4) Subject to this section, a person who immediately before 1 July 1994 was contributing to the Fund must continue to contribute to the Fund as provided in the regulations.
(5) If a person to whom subsection (4) applies was contributing to the Fund at a rate that is not the rate applicable to the 40 years' service scheme under the , as in force before it was repealed, that person is taken to have made an election to continue to contribute at that rate.