Government Superannuation Act 1999

The Hospitals Superannuation Fund as constituted under and governed by the Hospitals Superannuation Act 1988 immediately before 1 January 1999 continues, on and after 1 January 1999, as the Hospitals Superannuation Fund continued in force and governed by the Trust Deed made before 1 January 1999 by Health Super Pty Ltd as Trustee of the Hospitals Superannuation Fund from 1 January 1999.

All assets and liabilities of the Hospitals Superannuation Fund immediately before 1 January 1999 are transferred on 1 January 1999 to Health Super Pty Ltd as Trustee of the Hospitals Superannuation Fund under the Trust Deed.

Except as in the Trust Deed expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the Hospitals Superannuation Act 1988 or existing or continuing under that Act immediately before 1 January 1999 (including benefit accruals and benefit entitlements) shall under and subject to the Trust Deed continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed.

Without limiting the operation of the Trust Deed, any entity which immediately before 1 January 1999 was making, or was liable to make, contributions to the Hospitals Superannuation Fund—

is on 1 January 1999 deemed to be a participating employer in the Hospitals Superannuation Fund as governed by the Trust Deed; and

must not later than 30 June 1999 provide or execute such documents as Health Super Pty Ltd may require for the purposes of administering the Hospitals Superannuation Fund.

All persons appointed under section 14(1) of the Hospitals Superannuation Act 1988 who are employees of the Hospitals Superannuation Board immediately before 1 January 1999 are deemed as from 1 January 1999 to be employees of Health Super Pty Ltd.

A person to whom subsection (5) applies is entitled to a salary and terms and conditions of employment no less favourable than those which he or she received or was entitled to receive immediately before 1 January 1999 and to all his or her accrued benefits arising from his or her prior employment.

A person to whom subsection (5) applies is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Hospitals Superannuation Board because of this section.

No stamp duty or other tax is payable under any Act in respect of anything done under this section.