Military Superannuation and Benefits Declaration No. 4 (Cth)

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Citation
Interpretation
Eligible members
Revocation and saving
Employment Categories

Statutory Rules 1995   No. 2801

__________________

Military Superannuation and Benefits Declaration No. 4

I, GARY PUNCH, Minister for Defence Science and Personnel, make the following Declaration under the Military Superannuation and Benefits Act 1991.

Dated 18 September 1995.

GARY PUNCH
Minister for Defence Science and Personnel

____________

Citation

               1.   This Declaration may be cited as Military Superannuation and Benefits Declaration No. 4.

[NOTE: This Declaration commences on gazettal: see Military Superannuation and Benefits Act 1991, s. 49 and Acts Interpretation Act 1901, s. 48 as applied by s. 46A.]

Interpretation

               2.   In this Declaration:

“Act” means the Military Superannuation and Benefits Act 1991.

Eligible members

               3.   (1)    A person to whom subclause (2), (3) or (4) applies on or after the commencement of this Declaration is declared to be an eligible member under paragraph (f) of the definition of “eligible member” in subsection 30 (1) of the Act.

             (2)   This subclause applies to a person who:

             (a)   is included in an employment category set out in the Schedule; and

             (b)   is not a person to whom subclause (5) applies.

             (3)   This subclause applies to a person who:

             (a)   is included in the employment category Radiographer; and

             (b)   is a soldier; and

             (c)   is not a person to whom subclause (5) applies.

             (4)   This subclause applies to the following persons:

             (a)   D. Hodson, Corporal, service number A323150;

             (b)   K. J. Lambert, Corporal, service number A62744;

             (c)   I. A. Pearcey, Corporal, service number A62746.

             (5)   This subclause applies to a person who, immediately before the commencement of this Declaration, was an eligible member under a Declaration that is revoked by subclause 4 (1).

Revocation and saving

               4.   (1) The Military Superannuation and Benefits Declaration (Statutory Rules 1993 No. 142) and the Military Superannuation and Benefits Declaration (No. 3) (Statutory Rules 1994 No. 278) are revoked.

             (2)   Despite subclause (1), a person who, immediately before the commencement of this Declaration, was an eligible member under a revoked Declaration is not taken to cease to be an eligible member because of that revocation only, if he or she:

             (a)   is:

   (i)   a person who is included in an employment category set out in the Schedule; or

   (ii)   a soldier who is included in the employment category Radiographer; or

             (b)   is not a person referred to in paragraph (a), but had become eligible, before the commencement of this Declaration, to receive retention benefit under subsection 32 (1) or (3) of the Act.

   SCHEDULE   Subclause 3 (2)

EMPLOYMENT CATEGORIES

Australian Army

Coach Trimmer

Equipment Painter

Laboratory Technician

Operating Theatre Technician

Surveyor Engineer

Royal Australian Air Force

Air Traffic Control

Surface Finisher

____________________________________________________________

NOTE

1.   Notified in the Commonwealth of Australia Gazette on 28 September 1995.

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