Health Administration Act 1982

Subject to subclause (2), where a transferred employee was, immediately before the transfer of the designated position in which the transferred employee was employed on the transfer date, a contributor to a superannuation scheme, the transferred employee—

shall retain any rights accrued or accruing to the transferred employee as such a contributor, and

may continue to contribute to any superannuation scheme to which the transferred employee was a contributor immediately before the transfer date,

the transferred employee’s service in the employment of that person shall be deemed to be service with the Instrumentality for the purposes of any law under which those rights accrued or were accruing or under which the transferred employee continues to contribute, and

the transferred employee shall be deemed to be employed in the Instrumentality for the purposes of any superannuation scheme to which, by the operation of this subclause, the transferred employee is entitled to contribute.

A person who, but for this subclause, would be entitled under subclause (1) to contribute to a superannuation scheme shall not be so entitled upon the person’s becoming a contributor to any other superannuation scheme, and the provisions of subclause (1) (d) cease to apply to or in respect of the person in any case where the person becomes a contributor to another superannuation scheme.

Subclause (2) does not prevent the payment to a transferred employee, upon the transferred employee’s ceasing to be a contributor to a superannuation scheme, of such amount as would have been payable to the transferred employee if the transferred employee had ceased, by reason of resignation, to be a contributor.

Where, pursuant to subclause (1) (b), a transferred employee continues to contribute to a superannuation scheme, the person by whom, by virtue of clause 3, the transferred employee is employed shall contribute to that superannuation scheme the same amount as would have been payable by the transferred employee’s employer if the transferred employee had continued to be employed in the relevant Instrumentality and been paid salary or wages at the rate paid to the transferred employee by the person by whom the transferred employee is, by virtue of clause 3, employed.

Notwithstanding anything in this Schedule, if a person ceases to be a transferred employee by virtue of the person’s ceasing to be an employee of a designated person, but becomes an employee of another designated person, this clause (with any necessary adaptations) applies, as from the date the person becomes an employee of that other person, to and in relation to the person and that other person in the same way as if the person were employed by that other designated person by virtue of clause 3.

Except in circumstances and to the extent prescribed by the regulations, and subject to such conditions as may be prescribed by the regulations, subclause (5) does not apply if there is any period between service with designated persons that exceeds 3 days.