State Employees Retirement Benefits Act 1979

This Part shall apply to or with respect to every permanent employee who—

at the commencement of this Act or on the joining date was a permanent employee and who on or before 1 June 1980 or the day three months after the joining date (as the case requires) does not elect not to contribute in accordance with the provisions of this Act;

becomes a permanent employee within a period of twelve months from the commencement of this Act or the joining date and who on or before a day three months from the day of becoming a permanent employee or on or before 1 June 1980 (whichever later occurs) does not elect not to contribute in accordance with the provisions of this Act;

in the case of an employee within the meaning of paragraph (a), (b) or (c) of the interpretation of Employee in section 2, on or after 12 months after the commencement of this Act or the joining date becomes a permanent employee and has not at the time of becoming a permanent employee attained the age of 57 years;

after the commencement of this Act or the joining date becomes a permanent employee at age 57 years or more and who notifies the Board in writing within six months of becoming a permanent employee that he wishes to contribute in accordance with the provisions of this Act—

The Board may upon application by a permanent employee and at its own discretion—

extend the period of election for a person who at the commencement of this Act was a permanent employee for a period ending on a date specified by the Board, being a day not later than 1 April 1981;

extend the period of election in respect of a person who becomes a permanent employee within a period of 12 months from the commencement of this Act for a period ending on a date specified by the Board, being a date not later than the day three months from the day of becoming a permanent employee or from 1 April 1981 (whichever last happens);

extend any other period of election specified in subsection (1) for a period of not more than six months—

Notwithstanding anything to the contrary in subsection (1), a permanent employee shall not, on or after the commencement of section 10(k)(ii) of the Superannuation Schemes Amendment Act 1985, become a member of the Fund if on the date on which the permanent employee became eligible to become a member of the Fund the permanent employee had attained the age of 75 years, unless otherwise permitted by Commonwealth superannuation law.

Notwithstanding anything to the contrary in subsection (1), a permanent employee who had elected not to contribute in accordance with the provisions of this Act and had subsequently ceased to be a permanent employee but who is employed again by an employer may elect, not later than one month after the date from which that permanent employee is required to commence paying contributions, not to contribute in accordance with the provisions of this Act.

A person who was an employee with at least 12 months service who would have been a permanent employee at the commencement of the Act if his death or retirement had not occurred shall, where his death or retirement occurred on or after 1 January 1979 and before the commencement of the Act, be deemed to be a member as at the date of his death or retirement and to be a contributor who has contributed continuously under the Act during his completed years of continuous service and be entitled to benefits in accordance with the provisions of section 40(2).

A permanent employee who has not made an election pursuant to paragraph (a) or (b) of subsection (1) and whose service terminates as a result of death or retirement during the period in which he may elect not to contribute pursuant to paragraph (a) or (b), shall be deemed to be a member and contributor at the date of such termination and be entitled to benefits in accordance with section 40(2).