Interpretation
107A Interpretation
In this Part, unless the contrary intention appears:
prescribed amount, in relation to a State employee, means the amount paid to the employee from the State Fund upon his ceasing to be a contributor to that fund other than any amount so paid:
in respect of contributions paid by him to the State Fund for reserve units of pension;
in respect of contributions paid by him to the State Fund 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 State employee, means the date on which he becomes employed by the Commonwealth or an approved authority.
State employee means a person who:
becomes employed by the Commonwealth or by an approved authority before 1 July 1976 in such circumstances as are specified by the Minister by a determination in writing made for the purposes of this definition, whether before or after his becoming so employed; and
was, immediately before the relevant date, a contributor to a State Fund.
State Fund means a fund or account 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.
In this Part, a reference to contributions paid by a State employee to a State Fund for reserve units of pension is a reference to contributions paid by a State employee to a State Fund that are of a similar nature to contributions under this Act for reserve units of pension.
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 State employee to benefits equivalent to those related to contributions to the State Fund, 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 governing the operation of the State Fund that authorize the payment, in any circumstances, of benefits to or in relation to the spouse or a dependant of a contributor to the State Fund.
In the application of a Part of this Act other than this Part to or in relation to a State employee:
a reference in such a Part to an employee as defined by section 4 shall be read as including a reference to a State employee; and
a State employee shall be deemed to have become an employee for the purposes of this Act on the relevant date.
This provision refers to the regulations (prescribed amount
). Made under this Act:
- Superannuation (Family Law—Superannuation Act 1922) Orders 2004 · Legislative Instrument · under s 93DE (1)
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