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Superannuation Legislation Amendment Bill 2004
Schedule 1 Amendment of the Superannuation Act 1976

   

1  After subsection 5(3AA)

Insert:

        (3AB)  Subsection (3AC) applies if:

                     (a)  a Minister makes a determination under an Act in respect of the remuneration of a person appointed under that Act; or

                     (b)  the Presiding Officers (within the meaning of the Parliamentary Service Act 1999 ) make a determination under that Act in respect of the remuneration of a person appointed under that Act; or

                     (c)  the Remuneration Tribunal makes a determination in respect of the remuneration of a person appointed under an Act;

and an annual rate of salary of the person can be ascertained under the determination. (To avoid doubt, subsection (3AC) applies whether a determination is expressed to apply to a person or an office.)

        (3AC)  Despite subsections (1), (2) and (3), for the purposes of the application of this Act on a particular day, the annual rate of salary of the person is the annual rate of salary ascertained for the purposes of this Act under the determination on that day.

2  Application

(1)        The amendment made by this Schedule applies:

                     (a)  for a determination mentioned in proposed paragraph 5(3AB)(a) or (b) of the Superannuation Act 1976 —in respect of any determination made in respect of the remuneration of a person (whether the determination is made before or after this item commences); and

                     (b)  for a determination mentioned in proposed paragraph 5(3AB)(c) of the Superannuation Act 1976 —in respect of any determination made in respect of the remuneration of a person after this item commences.

(2)        However, if:

                     (a)  a determination in respect of the remuneration of a person is made before this item commences; and

                     (b)  the person is paid an amount under the Superannuation Act 1976 before this item commences; and

                     (c)  the amount the person is paid is more than the amount that the person would have been paid if the annual rate of salary had been ascertained under the determination;

the amendment made by this Schedule does not apply in respect of the determination for the purposes of determining the amount of the payment.

(3)        In addition, if:

                     (a)  the amount mentioned in paragraph (2)(b) is an amount of a pension; and

                     (b)  the pension continues to be paid to or in respect of the person after this item commences;

the amendment made by this Schedule does not apply in respect of the determination for the purposes of determining the amount of any payments of the pension that are paid to or in respect of the person after this item commences.