Superannuation (Public Sector) Act 1992

Subject to section 6, a contract of employment of an executive under Part 3 of the Public Administration Act 2004 must provide—

that the executive ceases to be a member of a named statutory superannuation scheme; or

that the executive continues to be a member of a named statutory superannuation scheme.

The executive must elect which of these terms must be included in the contract.

Subsection (1)(a) does not affect any deferred pension or benefit which a person may have under a statutory superannuation scheme.

A contract of employment that provides that an executive ceases to be a member of a statutory superannuation scheme must also provide for membership of an alternative superannuation scheme which must be a complying superannuation fund and to which employer contributions must not be less than the minimum requirement under the Superannuation Guarantee Charge Act 1992 of the Commonwealth.

The employer of an executive whose contract of employment provides that he or she ceases to be a member of a statutory superannuation scheme must certify to the administrator of the scheme that the executive is an exempt officer.

The employer of an executive in respect of whom a certificate has been issued under subsection (5) must by notice in writing to the administrator of the scheme, revoke the certificate if—

the officer ceases to be an executive; or

the officer's contract of employment provides that he or she is to be a member of a statutory superannuation scheme.

A certificate under subsection (5) or a notice under subsection (6) is binding on the administrators of a statutory superannuation scheme.