38Superannuation benefits for fixed‑term Secretaries of Departments

38 Superannuation benefits for fixed‑term Secretaries of Departments

(1) In this section:

pensioner means:

(aa) a person to whom an invalidity pension within the meaning of the Superannuation Act 1990 is payable; or

(a) a person to whom an invalidity pension within the meaning of the Superannuation Act 1976 is payable; or

(b) a person to whom a pension under the Superannuation Act 1922 is payable, being a person who was retired on the ground of invalidity or of physical or mental incapacity to perform the person’s duties.

relevant person means a person other than:

(a) an eligible employee within the meaning of the Superannuation Act 1976; or

(ab) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

(b) a pensioner.

(2) For the purposes of the Superannuation Act 1976, a person who holds a fixed‑term appointment, within the meaning of section 37, to an office of Secretary and was a relevant person immediately before being given the appointment is not, by reason only of his holding that appointment, an eligible employee within the meaning of that Act. (2A) For the purposes of the Superannuation Act 1990, a person who holds a fixed term appointment, within the meaning of section 37, to an office of Secretary and was a relevant person immediately before being appointed is not, by reason only of his or her holding that appointment, a member of the superannuation scheme established by deed under that Act. (3) The Board may:

(a) at the time when a relevant person is appointed to an office of Secretary under a fixed‑term appointment within the meaning of section 37; or

(b) as soon as practicable after the making of the appointment;

make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits. (4) Without limiting the generality of subsection (3), a determination under that subsection in relation to a relevant person may provide that, if the relevant person was appointed before 1 July 1990, the Superannuation Act 1976 applies in relation to the person as if the person became an eligible employee within the meaning of that Act on a specified day, which may be on or after, or not earlier than 3 months before, the date of the determination, and where a determination so provides, the Superannuation Act 1976 has effect accordingly. (4A) Without limiting subsection (3), a determination under that subsection in relation to a relevant person appointed after 30 June 1990 may provide that the Superannuation Act 1976 applies in relation to the person as if the person became an eligible employee within the meaning of that Act on a specified day if: