Transport Superannuation Act 1988
4Application of Act
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4 Application of Act
S. 4(1) amended by No. 72/1990 s. 13.
(1) A person who is an employee and is entitled to any benefits from—
(a) the State Superannuation Fund; or
(b) the Metropolitan Transit Authority Superannuation Fund; or
(c) the Local Authorities Superannuation Fund; or
(d) the Port of Melbourne Authority Superannuation Fund; or
(e) the Port of Geelong Authority Superannuation Fund; or
(f) the State Employees Retirement Benefits Fund; or
S. 4(1)(g) amended by No. 46/1998 s. 7(Sch. 1).
(g) any other superannuation arrangement approved by the Minister by instrument for the purposes of this subsection—
may within the prescribed period or periods elect to become a member of the Fund.
(2) Any employee of a transport authority who was not a member of a prescribed superannuation scheme and who for any reason left that employment on or after 1 September 1987 but before the commencement of this Act is entitled to apply to the Board for benefits in accordance with this Act.
(3) A person who is not a person to whom subsection (1) applies but was an employee before 1 September 1987 is to be taken to have become a member on that date.
(4) A person becomes a member—
(a) if the person becomes an employee on or after the date on which this Act comes into operation, on the commencement of that employment; or
(b) if the person is a person to whom subsection (1) applies, when that person makes an election under subsection (1).
S. 4(5) amended by Nos 4/1996 s. 125(1), 8/1999 s. 53(1)(b), 43/2008 s. 22(1).
(5) Subject to subsection (5A), this Act does not apply to an employee while he or she is a member of a prescribed superannuation scheme.
S. 4(5A) inserted by No. 4/1996 s. 125(2), repealed by No. 8/1999 s. 53(1)(c), new s. 4(5A) inserted by No. 43/2008 s. 22(2).
(5A) Subsection (5) does not apply if the employee is a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) of the Emergency Services Superannuation Act 1986.
S. 4(6) inserted by No. 110/1993 s. 130, amended by No. 58/1994 s. 9.
(6) A person cannot become a member of the Fund on or after the commencement of section 130 of the Public Sector Superannuation (Administration) Act 1993 except by transfer to the Fund in accordance with section 60 of the Public Sector Superannuation (Administration) Act 1993.
Pt 2 (Heading) substituted by No. 120/1994 s. 73(2), repealed by No. 8/1999 s. 53(1)(d).