4Application of Act

4 Application of Act S. 4(1) amended by Nos 4/1996 s. 107(1), 8/1999 s. 51(1)(b), 43/2008 s. 21(1). (1) Subject to subsection (1A), this Act does not apply to an officer while he or she is a member of a prescribed superannuation scheme. S. 4(1A) inserted by No. 4/1996 s. 107(2), repealed by No. 8/1999 s. 51(1)(c), new s. 4(1A) inserted by No. 43/2008 s. 21(2). (1A) Subsection (1) does not apply if the officer is a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) of the **Emergency Services Superannuation Act 1986**. (2) If any person has been appointed prior to the commencement of the **Superannuation (Amendment) Act 1968** for a term of years to any of the offices mentioned in Part II of the Second Schedule of the **Superannuation Act 1958**— (a) for the purposes of this Act, he or she is so long as he or she continues to be employed in the office (whether during or after the expiration of the term for which he or she was appointed) an officer within the meaning of this Act; and (b) the cessation of that employment (otherwise than by retrenchment, dismissal or resignation) is to be taken to be retirement within the meaning of this Act. (3) Any person who is an officer for the purposes of this Act by the operation of paragraph (d) in the definition of ***officer*** in section 3(1) or who would at any time have been an officer for the purposes of this Act or any corresponding previous enactment if the definition of ***officer*** at that time had included a provision corresponding to that paragraph is for the purposes of this Act and of any corresponding previous enactment to be taken to have been during the period that he or she holds or held that office, whether before or after the commencement of the **Superannuation Act 1965**, an officer within the meaning of this Act. (4) A person (other than a person referred to in subsection (5)) who, immediately before 1 July 1988— (a) is a contributor within the meaning of the **Superannuation Act 1958**; and (b) is liable to contribute under section 11 of that Act; and (c) since 1 July 1975 has not contributed under section 11 of that Act or received a disability pension under that Act— is to be treated for the purposes of this Act as a new scheme member and is not entitled to receive any benefits under the **Superannuation Act 1958** in respect of any period for which that person has been liable to contribute under section 11 of that Act but has not so contributed. (5) Despite subsection (4), a person referred to in that subsection is to be treated as a revised scheme member if he or she— (a) within 6 months before 1 July 1988 becomes a contributor within the meaning of the **Superannuation Act 1958**; and (b) has by 31 December 1988 commenced to contribute under section 28. S. 4(6) inserted by No. 81/1988 s. 26. (6) If a person becomes a new scheme member as a result of an election under section 75 of the **State Employees Retirement Benefits Act** **1979** the Board must grant to that member an additional accrued retirement benefit equal to— S. 4(6)(a) amended by No. 110/1993 s. 71(1). (a) 15 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which no contributions were made; and S. 4(6)(b) amended by No. 110/1993 s. 71(1). (b) 20 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made on or after the commencement of section 26 of the **Superannuation Acts (Amendment) Act 1988**; and S. 4(6)(c) amended by No. 110/1993 s. 71(1). (c) 21 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made before the commencement of section 26 of the **Superannuation Acts (Amendment) Act 1988**. S. 4(7) inserted by No. 110/1993 s. 72. (7) A person cannot become an officer or become a member of the revised scheme or the new scheme on or after the commencement of section 72 of the **Public Sector Superannuation (Administration) Act 1993** except by transferring from the revised scheme to the new scheme under section 61B. Pt 2 (Heading and ss 5–15) amended by Nos 81/1988 s. 27(a)–(c), 72/1990 s. 4, 49/1992 ss 4–8, 120/1994 s. 56(2)(3), 4/1996 s. 108(1), 46/1998 s. 7(Sch. 1), 84/1998 s. 46, repealed by No. 8/1999 s. 51(1)(c). Pt 3 (Heading) amended by No. 94/2005 s. 38(1).