27Original scheme members

27 Original scheme members (1) Despite the repeal of the **Superannuation Act 1958**, an officer who is an original scheme member is entitled to contribute for units of pension and has the same benefits and rights under that Act as if that Act had not been repealed. S. 27(2) inserted by No. 70/2003 s. 21. (2) Notwithstanding anything to the contrary in the **Superannuation Act 1958**, the payment of any benefit under that Act is subject to any relevant specified standards made under section 92A. S. 27(3) inserted by No. 40/2004 s. 31. (3) An eligible salary sacrifice contributor may by notice in writing to the employing authority elect to make his or her member contributions by way of salary sacrifice at the rate calculated to the nearest highest 0⋅1% in accordance with the following formula— "**M**" is the applicable member contribution rate in accordance with the **Superannuation Act 1958** without salary sacrifice; "**R**" is the tax rate for the financial year on taxable contributions to the Fund under the Commonwealth Income Tax Assessment Act 1936. S. 27(4) inserted by No. 40/2004 s. 31. (4) An election under subsection (3)— (a) can only be made if there is in force an agreement between the employing authority and the member under which the employing authority can make the member contributions required by the **Superannuation Act 1958** by way of salary sacrifice; (d) can not be made in respect of any contributions made by a member in addition to the member contributions required under the **Superannuation Act 1958**. S. 27(5) inserted by No. 40/2004 s. 31. (5) Member contributions made in accordance with the rate determined under subsection (3) are for the purposes of the **Superannuation Act 1958** (other than the provisions relating to surchargeable contributions) to be taken to be— (a) the member contributions required to be paid under the **Superannuation Act 1958**; and (b) the member contributions that would have been payable if an election had not been made under subsection (3). Note to s. 27(5)(b) inserted by No. 37/2007 s. 28. The effect of paragraph (b) is that, for the purpose of calculating benefit entitlements, the member contributions are taken to be the member contributions that would have been payable if no election had been made. S. 27(6) inserted by No. 40/2004 s. 31. (6) An election under subsection (3) does not affect the amount that would otherwise constitute the salary of the original scheme member for the purposes of the **Superannuation Act 1958**. S. 27A inserted by No. 70/2003 s. 22.