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STATISTICS (ARRANGEMENTS WITH STATES) ACT 1956 - SECT 16

Superannuation rights

(1)
In the case of a State employee appointed or engaged under this Act who was, immediately before his appointment or engagement, a contributor to a State Fund as defined by section sixty AN of the Superannuation Act 1922-1955 :

(a)
section sixty AV of that Act does not apply;
(b)
Part IVD of that Act, but not including subsection (4) of section sixty AO, applies as if he were a State employee for the purposes of that Part and, for that purpose, section sixty AO shall be deemed to have no application in relation to reserve units of pension in respect of which the State employee was contributing to the State Fund; and
(c)
if he is a State employee engaged under this Act for temporary employment, he may make an election and payment under section sixty AO of that Act as if he had become an employee upon the date of that engagement and, upon making such an election and payment, he shall be deemed to have become an employee upon the date of that engagement.
(2)
Where a State employee makes an election and payment in accordance with section sixty AO of the Superannuation Act 1922-1955 , the following provisions apply:

(a)
if the State employee has, at the date on which he is appointed or engaged under this Act, attained the age of forty years and was contributing to the State Fund for the maximum pension for which he could have been so contributing, he shall be deemed to be a contributor to whom paragraph (a) of subsection (4) of section thirteen of the Superannuation Act 1922-1955 applies;
(b)
if the State employee has attained the age of forty years at that date and was not contributing to the State Fund for the maximum pension for which he could have been so contributing, he shall be deemed to be a contributor to whom paragraph (b) of subsection (4) of section thirteen of the Superannuation Act 1922-1955 applies and, if he does not elect under subparagraph (i) or (ii) of that paragraph, he shall be deemed to be a contributor to whom paragraph (c) of that subsection applies;
(c)
for the purposes of the provisions applied by the preceding paragraphs of this subsection, the salary of the employee upon his appointment or engagement under this Act shall be deemed to be his increased salary; and
(d)
if the State employee has not, on the date on which he is appointed or engaged under this Act, attained the age of forty years, he shall make such contributions as will, together with those which he is liable to make under subsection (1) of section sixty AO of the Superannuation Act 1922-1955 , provide units of pension to the number specified in column two of the scale contained in subsection (1) of section thirteen of the Superannuation Act 1922-1955 opposite to the salary-group within which his salary, upon appointment or engagement under this Act, falls.
(3)
Where a person is engaged under this Act for temporary employment, the period of his service in the State Public Service that is continuous with his service in the Public Service of the Commonwealth shall, for the purposes of subsection (5) of section four of the Superannuation Act 1922-1955 , be deemed to have been a period of employment by the Commonwealth otherwise than in a permanent capacity.



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