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s 40

Pension benefits to members

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Part 2Land Court
Division 9Conditions of members

40 Pension benefits to members

(1)

The Judges (Pensions and Long Leave) Act 1957, other than sections 2AA, 8C, 15 and 15A, apply to a member as if a reference to a judge included a reference to a member.

(2)

Subsection (1) does not apply to—

(a)

an acting member; or

(b)

a member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund.

(3)

An election under subsection (2)(b) must be made within 3 months after the member’s appointment, by written notice given to—

(a)

the chief executive; and

(b)

for a member whose chosen fund is the scheme under the State Public Sector Superannuation Act—the trustee under that Act.

(4)

If a member for whom eligible contributions are being paid to the scheme under the State Public Sector Superannuation Act at the time of the member’s appointment as a member does not elect to continue to have eligible contributions paid to the scheme, the member, in relation to the scheme—

(a)

is taken to have ceased to be a public service officer on the day of the appointment; and

(b)

if the member is less than 55 years—is treated as if he or she had resigned; and

(c)

if the member is 55 years or more—is treated as if he or she had retired.

(5)

In this section—chosen fund, for a member, means—

(a)

the scheme under the State Public Sector Superannuation Act; or

(b)

another fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act, part 5.

eligible contributions means contributions paid at the rate and frequency prescribed under the State Public Sector Superannuation Act for employees of a unit of the State public sector as defined under that Act.State Public Sector Superannuation Act means the Superannuation (State Public Sector) Act 1990.

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