University of Sydney (Certain Employees) Superannuation Act 1979 (NSW)

UNIVERSITY OF SYDNEY (CERTAIN EMPLOYEES)

SUPERANNUATION ACT, 1979, No. 190

iSctt) OTaless

ANNO VICESIMO OCTAVO

ELIZABETHAN II REGINA:

Act No. 190, 1979.

An Act with respect to the application of the Local Government and Other Authorities (Superannuation) Act, 1927, to certain employees of the University of Sydney, and with respect to the transfer of certain of those employees from contributory retirement schemes and funds established under that Act to the State Superannuation Fund. [Assented to, 21st December, 1979.]

See 'also Superannuation (Public Service Superannuation Funds) Amendment Act, 1979.

Act No. 190, 1979.

University of Sydney {Certain Employees) Superannuation.

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 1. This Act may be cited as the “University of Sydney (Certain

title. Employees) Superannuation Act, 1979”.

Commence- 2.

(1) Except as provided in subsection (2), this Act shall commence on the date of assent to this Act. «

(2) Section 7 shall be deemed to have commenced on 11th

May, 1978.

Interpre­	3. In this Act—
tation.

“Local Government Superannuation Board” means the body corporate constituted by section 16 of the Local Govern­ ment and Other Authorites (Superannuation) Act, 1927;

“Pension Fund” means the Local Government Pension Fund established under section 15az of the Local Government and Other Authorities (Superannuation) Act, 1927;

“State Superannuation Fund” means the fund established

under section 4 of the Superannuation Act, 1916;

“University of Sydney” means the body corporate referred to in section 6 of the University and University Colleges Act, 1900.

Amount 4 . V/hcre, for the purpose of complying with the terms and Umversity conditions determined pursuant to section 9 2 a of the Super- of Sydney, annuation Act, 1916, and signed by the Minister of Justice on

20th June, 1978, or the Minister for Industrial Relations on 1st March, 1979, being terms and conditions applying to the members of the technical and general staff of the University of Sydney, a

Act No. 190, 1979.

University of Sydney {Certain Employees) Superannuation.

person has, whether before, on or after the date of assent to this Act, withdrawn from the Pension Fund, there shall be payable to the University of Sydney by the Local Government Superannuation Board, out of the general reserve account in the Pension Fund an amount calculated in accordance with the following formula :—

T = G - E

where—

T is the total amount payable under this section by the Local Government Superannuation Board to the University of Sydney;

G is an amount equal to the amount that would be trans­ ferred in respect of the person under section 15 bc of the Local Government and Other Authorities (Super­ annuation) Act, 1927, if section 15aw (1) (b) of that Act had not been enacted and if the person were, within the meaning of Part I I I d of that Act, a servant of a general employer who, on the day on which he so withdrew, became a servant of a special employer; and

E is the amount by which the benefit payable to, or at the direction of, the person upon his withdrawal from the Pension Fund, exceeded the amount that stood to the credit of that person’s servant’s account in that Fund on the date of his withdrawal.

5.          For the purposes of sections 6 and 7, a person who was Certain

between 5th September, 1951, and 11th May, 1978, both days

inclusive, employed by the University of Sydney under—

members

of technical

and

(a) a Dairying Employees (State) Award;

general

staff.

(b) a Boarding Houses, &c.. Employees (State) Award;

(c) a Private Hotels, Guest Houses, &c.. Employees (State) Award; or

Act No. 190, 1979.

University of Sydney {Certain Employees) Superannuation.

(d) a Private Hotels, Motels, Guest Houses, &c.. Employees (State) Award,

shall not, while he was so employed under that award, be regarded as having been a member of the technical and general staff of the University of Sydney.

Amendment	6.	The proclamation of the Lieutenant-Governor dated 5th
of procla­

mation. September, 1951, and published in Gazette No. 148 of 14th September, 1951, being a proclamation with respect to the applica­ tion to certain employees of the University of Sydney of the Local Government and Other Authorities (Superannuation) Act, 1927, shall be deemed to be and since 5th September, 1951, to have been a proclamation directing that that Act shall apply to and in respect of the members of the technical and general staff of that University who have had service for 1 year, whether continuous or broken, with that University,

Non­	7.	(1) The Local Government and Other Authorities (Super­
application

of Local	annuation) Act, 1927, shall have no application to or in respect of
Government	a person employed after but not on 11th May, 1978, as a member
and Other
Authorities	of the technical and general staff of the University of Sydney, in his
(Superannu­	capacity as a member of that staff.
ation) Act,
1927,
(2) Where a person who is employed on 11th May, 1978, as a member of the technical and general staff of the University of Sydney becomes a contributor within the meaning of the Superan­ nuation Act, 1916, the Local Government and Other Authorities (Superannuation) Act, 1927, if otherwise applicable to him, shall cease to have any further application to or in respect of him in his capacity as a member of that staff on and from the date on which he becomes such a contributor.

Act No. 190, 1979.

University of Sydney (Certain Employees) Superannuation.

(3) Where a person who is employed on 11th May, 1978, as a member of the technical and general staff of the University of Sydney ceases to be so employed but later becomes a member of that staff again, he shall, in his capacity as a person who has so become a member of that staff again, be regarded as a person referred to in subsection (1).