Fair Work Act 2009

The Judges’ Pensions Act 1968 does not apply to the President if:

immediately before being appointed as the President, he or she was one of the following (a public sector superannuation scheme member):

an eligible employee for the purposes of the Superannuation Act 1976;

a member of the superannuation scheme established by deed under the Superannuation Act 1990;

an ordinary employer‑sponsored member of PSSAP (within the meaning of the Superannuation Act 2005); and

he or she does not make an election under subsection (2).

The President may elect to cease to be a public sector superannuation scheme member.

The election must be made:

within 3 months of the President’s appointment; and

by written notice to the Minister.

If the President makes the election:

he or she is taken to have ceased to be a public sector superannuation scheme member immediately before being appointed as the President; and

the Judges’ Pensions Act 1968 applies to him or her, and is taken to have so applied, immediately after he or she was appointed as the President.