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

Part 8 Provisions consequential on the repeal of the Superannuation (Productivity Benefit) Act 1988

   

22   Definitions

                   In this Part:

designated employer has the same meaning as in the Productivity Benefit Act.

interim benefit has the same meaning as in the Productivity Benefit Act.

Productivity Benefit Act means the Superannuation (Productivity Benefit) Act 1988 .

qualified employee has the same meaning as in the Productivity Benefit Act.

relevant time means the time immediately before the repeal of the Productivity Benefit Act.

repealed Productivity Benefit Act means the repealed Superannuation (Productivity Benefit) Act 1988 as that repealed Act continues to apply under section 23.

transitional period of employment , in relation to a person who was a qualified employee at the relevant time, means the period of the employment for which the person was engaged at that time.

23   Repealed Act to continue to apply in respect of certain people

             (1)  Despite the repeal of the Productivity Benefit Act effected by Schedule 9 to the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 1998 , the repealed Productivity Benefit Act, and any regulations, declarations, determinations or other instruments that were in force under that Act at the relevant time, continue to apply according to their terms but have effect only in respect of any of the following people:

                     (a)  a person who was a qualified employee at the relevant time and in respect of whom any of the contributions that were required under the Productivity Benefit Act to be paid by the person’s designated employer were not paid before that time;

                     (b)  a person in respect of whom all the following subparagraphs apply:

                              (i)  the person was a qualified employee at the relevant time and would have continued to be a qualified employee until the end of his or her transitional period of employment if the Productivity Benefit Act had not been repealed;

                             (ii)  the person’s transitional period of employment has not ended;

                            (iii)  the contributions that would, if this paragraph had not been enacted, be required to be paid in respect of the person under the Superannuation Guarantee (Administration) Act 1992 by the person’s employer would be less than the contributions that would be required to be paid if the Productivity Benefit Act had not been repealed;

                     (c)  a person who had ceased to be a qualified employee at a time earlier than the relevant time and in respect of whom any of the contributions that were required under the Productivity Benefit Act to be paid by the person’s designated employer were not paid before the relevant time;

                     (d)  a person who had ceased to be a qualified employee at a time earlier than the relevant time and in respect of whom an interim benefit that was required under the Productivity Benefit Act to be paid by the person’s designated employer was not paid before the relevant time.

             (2)  Part 7 continues to apply in respect of people in respect of whom the repealed Productivity Benefit Act continues to apply under subsection (1).

             (3)  A reference in any law of the Commonwealth to the Productivity Benefit Act is taken (except in relation to a time before the repeal of that Act) to be a reference to the repealed Productivity Benefit Act as it continues to apply under subsection (1).