Superannuation (Scheme Closure) Amendment Act 1985 (NSW)

SUPERANNUATION (SCHEME CLOSURE) AMENDMENT

ACT, 1985, No. 47

ANNO TRICESIMO QUARTO

ELIZABETHyE II REGINA

Act No. 47, 1985.

An Act to amend the Superannuation Act, 1916, as a consequence of the enactment of the State Public Service Superannuation Act, 1985. [Assented to, 30th April, 1985.]

Superannuation (Scheme Closure) Amendment 1985

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the “Superannuation (Scheme Closure)

Amendment Act, 1985”.

Amendment of Act No. 28, 1916.

2. The Superannuation Act, 1916, is amended in the manner set forth

in Schedule 1.

SCHEDULE 1.

(Sec. 2.)

Amendments to the Superannuation Act , 1916.

(1) Section 1a—

After section 1, insert:—

Exclusion from contributions.

1a. (1) In this section, “prescribed day” means the day appointed

and notified under section 2 (3) of the State Public Service

Superannuation Act, 1985.

(2) Notwithstanding any other provision of this Act, a person is

not required or entitled to become a contributor to the Fund and is

not entitled to elect to become a contributor to the Fund—

(a)	in the case of a person who was an employee, but was not a contributor, immediately before the prescribed day or whose election to contribute to the Fund had not, immediately before the prescribed day, taken effect—except in accordance with regulations made pursuant to section 86 (1a); or
(b)	if the person becomes an employee on or after the prescribed day.

(2) Section 75a (2), (3)—

At the end of section 75a, insert:—

3   Act No. 47

Superannuation (Scheme Closure) Amendment 1985

SCHEDULE 1—continued.

A mendments to the Superannuation Act , 1916—continued.

(2) A decision made, or any act or thing done or suffered, by the Board or a prescribed person in the exercise or performance of a power, authority, duty or function conferred or imposed on the Board or the prescribed person by or under this Act shall not be called in question on the ground of an alleged conflict of interest by reason that a prescribed person is, or acts as, a member of both the Board and the Slate Public Service Superannuation Board or is, or acts as, a member of the staff, or an agent, of both the Board and the State Public Service Superannuation Board or on the ground that knowledge gained by a person in one of those capacities is, or may be, relevant to the exercise or performance of a power, authority, duty or function in the other of those capacities.

(3) In subsection (2). “prescribed person” means—

(a)	a person who is. or acts as, a member of the Board and of the State Public Service Superannuation Board;
(b)	a person who is, or acts as, a member of the staff of the Board and of the State Public Service Superannuation Board; or
(c)	a person who is an agent of the Board and of the State Public Service Superannuation Board.

(3) Section 76 (4)-

After section 76 (3). insert:—

(4) For the purposes of subsection (2), the duties of the office of

a full-time member of the Board include duties imposed on the

member by or under any other Act.

Supcrannuanon (Scheme Closure) Amendment I9S5

SCHEDULE 1—continued.

Amendments to the Superannuation Act, 1916—continued.

(4) Section 86 (1a)—

After section 86 (1), insert:—

(1a) Without prejudice to the generality of subsection (1),

regulations may be made for or with respect to the making and effect of an election to become a contributor under this Act by a person who, immediately before the prescribed day referred to in section

1a, was an employee but was not a contributor.