Industrial Relations Act 2016

Section 586 does not confer an entitlement on a member of the court or commission or a member’s spouse or child, if—

for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999—immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or

otherwise—

the member is a member of the scheme and properly elects to continue as a member of the scheme; or

the member is not a member of the scheme and properly elects to be a member of the scheme.

An election by a member under subsection (1)(b) must be made by giving signed notice to each of the following within 3 months after being first appointed as a member—

the trustee under the Superannuation (State Public Sector) Act 1990; and

the chief executive.

In this section—

scheme means the scheme under the Superannuation (State Public Sector) Act 1990.