Interpretation
100A Interpretation
In this Part, unless the contrary intention appears:
member, in relation to a superannuation scheme applying in relation to any employment, means a person in respect of whom benefits are payable under the superannuation scheme that applies to him, by reason of his being employed in that employment, whether or not he is required to make contributions under the scheme.
prescribed amount, in relation to a member, means the amount paid to the member from the superannuation scheme applying to his employment upon his ceasing to be employed in that employment, other than any amount so paid:
that was paid by him to the superannuation scheme as contributions to the scheme by way of voluntary savings; or
that is of a kind determined by the Board to be excluded from the prescribed amount.
relevant date, in relation to a relevant employee, means the date on which he becomes employed by the Commonwealth or by an approved authority.
relevant employee means a person who:
becomes employed by the Commonwealth or by an approved authority before 1 July 1976 in circumstances specified by the Minister by determination in writing made for the purposes of this definition, whether before or after the person becomes so employed; and
was, immediately before the relevant date, a member of a superannuation scheme applying in relation to his employment.
rules, in relation to a superannuation scheme, means the rules governing the operation of the scheme, whether contained in a law or in a trust deed or other instrument.
superannuation scheme means a superannuation or retirement scheme applying to persons by reason of their being employed in certain employment, other than a scheme established under the law of a State to provide superannuation or other similar benefits for persons employed in the Public Service, the Railway Service or any other service of that State.
For the purposes of this Part, a benefit by way of a lump sum shall be deemed to have become payable in respect of a person under a superannuation scheme upon the termination of the person’s employment if, upon the termination of that employment, the person has the legal title to a life policy, or is entitled to have the legal title to a life policy assigned to him, being a policy the premiums for which were, while he was employed in that employment, paid in whole or in part by his employer, and, where such a benefit is to be deemed to have become payable, the surrender value of the policy as at the date of the termination of his employment shall be taken to be the amount of that benefit by way of a lump sum.
In determining, for the purposes of this Part, the number of units of pension (including, where necessary, a fraction of a unit) that will entitle a relevant employee to benefits equivalent to those related to the benefits to which he was entitled under a superannuation scheme, the Board shall disregard:
the provisions of this Act that authorize the payment, in any circumstances, of benefits to or in relation to the spouse or a dependant of a contributor to the Fund; and
the rules of the superannuation scheme that authorize the payment, in any circumstances, of benefits to or in relation to the spouse or a dependant of a member of the scheme.
In the application of a Part of this Act other than this Part to or in relation to a relevant employee:
a reference in such a Part to an employee as defined by section 4 shall be read as including a reference to a relevant employee; and
a relevant employee shall be deemed to have become an employee for the purposes of this Act on the relevant date.
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