Superannuation Administration Act 1996 Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Amendment (Further Transfer of Employees) Regulation 2002 (2002-511) [GG No 119 of 19.7.2002, p 5453] (NSW)
2002 No 511
New South Wales
Superannuation Administration (Local
Government Superannuation Scheme
Transitional Provisions) Amendment
(Further Transfer of Employees)
Regulation 2002
under the
Superannuation Administration Act 1996
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Superannuation Administration Act 1996.
MICHAEL EGAN, M.L.C.,
Treasurer
Explanatory note
The object of this Regulation is to provide for the transfer of certain employees who are currently members of the State Superannuation Scheme, the State Authorities Superannuation Scheme, the State Authorities Non-contributory Superannuation Scheme and the First State Superannuation Scheme to the Local Government Superannuation Scheme. The employees are to be transferred into Divisions of the Local Government Superannuation Scheme having equivalent benefits and rights to the schemes from which they are transferred. This results from:
| (a) | parking patrol officers being transferred from the direction and control of the Commissioner of Police to the City of Sydney Council, and |
| (b) | the transfer of certain employees of Murrumbidgee Irrigation Limited to a non-government body. |
| Published in Gazette No 119 of 19 July 2002, page 5453 | Page 1 |
| [8] | |
| 2002 No 511 |
Superannuation Administration (Local Government Superannuation Scheme Transitional
Provisions) Amendment (Further Transfer of Employees) Regulation 2002
Explanatory note
This Regulation also provides for the payment of pensions from the Local Government Superannuation Scheme to certain ex-employees of Murrumbidgee Irrigation Limited and the spouses or children of such persons.
This Regulation is made under the Superannuation Administration Act 1996, including sections 128A, 128B and 129 (the general regulation-making power).
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2002 No 511
| Superannuation Administration (Local Government Superannuation | Clause 1 |
| Scheme Transitional Provisions) Amendment (Further Transfer of Employees) Regulation 2002 |
Superannuation Administration (Local Government
Superannuation Scheme Transitional Provisions)
Amendment (Further Transfer of Employees)
Regulation 2002
1 Name of Regulation
This Regulation is the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Amendment (Further Transfer of Employees) Regulation 2002.
2 Amendment of Superannuation Administration (Local Government
Superannuation Scheme Transitional Provisions) Regulation 1997
The Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997 is amended as set out in Schedule 1.
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2002 No 511
Superannuation Administration (Local Government Superannuation
Scheme Transitional Provisions) Amendment (Further Transfer of
Employees) Regulation 2002
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 2)
[1] Clause 3 Definitions
Insert in alphabetical order:
parking patrol officer means a person:
| (a) | who commenced employment as a parking patrol officer with the City of Sydney Council on 17 September 2001, and |
| (b) | who immediately before that day was employed by the Crown as a parking patrol officer (however described) and who, in the course of that employment, was subject to the direction and control of the Commissioner of Police. |
[2] Clause 3 definition of “transfer day”
Omit the definition. Insert instead:
transfer day means:
| (a) | except as provided by the following paragraphs, 1 July 1997, or | |||||
| (b) | in relation to an employee referred to in clause 11 (1), the day the employee transfers to the county council referred to in clause 11 (2), or | |||||
| (c) | in relation to an employee transferred under Division 2 of Part 2: | |||||
|
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2002 No 511
Superannuation Administration (Local Government Superannuation
Scheme Transitional Provisions) Amendment (Further Transfer of
Employees) Regulation 2002
| Amendments | Schedule 1 |
[3] Clause 3 definition of “transferred member”
Insert “or 12C” after “(b) or (c)”.
[4] Clause 4A
Insert before clause 5:
| 4A | Application of Division |
This Division does not apply to an employee transferred under
Division 2.
[5] Clause 12 Transfer of payment of certain pensions
Omit “transfer day” wherever occurring. Insert instead “1 July 1997”.
[6] Clause 12A Definition
Omit the definition of employee. Insert instead:
employee means any of the following:
| (a) | a person who was an employee of Jobsupport Inc. (ARBN 054 350 793) immediately before 28 July 2000, |
| (b) | a person who was an employee of Murrumbidgee Irrigation Limited immediately before 1 September 2002, |
| (c) | a person who is a parking patrol officer. |
[7] Clause 12B Transfer of employees
Insert “one” after “in more than” in clause 12B (2).
[8] Clause 12B (5)
Omit “officer”. Insert instead “employee”.
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2002 No 511
Superannuation Administration (Local Government Superannuation
Scheme Transitional Provisions) Amendment (Further Transfer of
Employees) Regulation 2002
| Schedule 1 | Amendments |
[9] Clause 12C
Insert after clause 12B:
|
(1) On and from 1 September 2002, the pensions described in subclause (2) are payable under the local government superannuation scheme.
(2) A pension payable to a person who, immediately before 1 September 2002, received a pension under any of the following Acts or regulations:
| (a) | Superannuation Act 1916, |
| (b) | State Authorities Superannuation Act 1987, |
| (c) | any of the Acts or regulations listed in clause 12 (1) (a) or (c), |
and who was employed by Murrumbidgee Irrigation Limited immediately before becoming entitled to the pension, or a pension payable (before or after 1 September 2002) to the spouse or child of any such person.
| (3) | A reference to Murrumbidgee Irrigation Limited in this clause does not include a reference to a predecessor of Murrumbidgee Irrigation Limited. |
(4) For the purposes of the local government superannuation scheme, the person to whom a pension is payable, or to whose spouse or child a pension is payable, under the scheme because of this clause is taken to be a member of the following Division of the local government superannuation scheme:
| (a) | if the person received a pension under the State Authorities Superannuation Act 1987 or any of the Acts or regulations listed in clause 12 (1) (a) or (c), Division B, |
| (b) | ifthepersonreceivedapensionunderthe Superannuation Act 1916, Division D. |
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2002 No 511
Superannuation Administration (Local Government Superannuation
Scheme Transitional Provisions) Amendment (Further Transfer of
Employees) Regulation 2002
| Amendments | Schedule 1 |
[10] Schedule 1 Transferred employers
Insert at the end of the Schedule:
Murrumbidgee Irrigation Limited
BY AUTHORITY
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