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Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Bill 1998

Part 5 Provisions consequential on the repeal of the Superannuation Act 1990

   

17   Definition s

                   In this Part:

Rules means the Rules for the administration of the Public Sector Superannuation Scheme set out in the Schedule to the Trust Deed.

Trust Deed means the deed that was referred to in section 4 of the repealed Superannuation Act 1990 , as that deed was subsequently amended.

18   Repealed Act and Trust Deed to continue to apply in respect of certain people

             (1)  Despite the repeal of the Superannuation Act 1990 effected by Schedule 4 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 , the repealed Superannuation Act 1990 , any regulations or other instruments that were in force under that Act immediately before its repeal, and the Trust Deed, continue to apply according to their terms but have effect only in respect of people who:

                     (a)  were receiving, or were entitled to receive, pensions or benefits under the Rules immediately before the repeal or were entitled at that time to pensions or benefits under the Rules that were not immediately payable; or

                     (b)  would have received, or would have become entitled to receive, pensions or benefits under the Rules at a later time if the Superannuation Act 1990 had not been repealed or would have become entitled at a later time under the Rules if the Superannuation Act 1990 had not been repealed to pensions or benefits that would not have been immediately payable.

             (2)  Part 4 continues to apply in respect of people in respect of whom the repealed Superannuation Act 1990 continues to apply under subsection (1).

             (3)  A reference in any law of the Commonwealth to the Superannuation Act 1990 , to a specified provision of that Act, to a regulation or other instrument in force under that Act, or to the Trust Deed, is taken (except in relation to a time before the repeal of that Act) to be a reference to the repealed Superannuation Act 1990 , to that provision of the repealed Superannuation Act 1990 , to the regulation or other instrument, or to the Trust Deed, as the case may be, as it continues to apply under subsection (1).