Schedule 17 Transitional and other provisions arising from the Superannuation (Amendment) Act 1977

(Section 29 (7))

Part 1 Medical examinations

1 An employee who, immediately before 13 January 1978:

(a) was a contributor to whom section 10B as then in force applied, and

(b) had not complied with that section,

shall, notwithstanding the Superannuation (Amendment) Act 1977, comply with that section as if it had continued in force on and after 13 January 1978.

2 Where:

(a)  a report is made by HealthQuest in respect of:
(i)  an employee to whom section 10C as in force immediately before 13 January 1978 applied, or

(ii)  an employee to whom clause 1 applies,

(b) the report indicates that the employee is suffering from any physical or mental defect which is likely to affect the employee’s health or longevity or capacity to continue in the employee’s employment, and

(c) STC, in respect of such a report made before 13 January 1978, has not made a decision under section 10C (2) as in force immediately before 13 January 1978,

STC may, for the purposes of section 29, treat the employee as if the employee were a person referred to in section 29 (2) (b).

3 Where a person:

(a)  who, immediately before 13 January 1978, was:
(i)  a contributor accepted or treated as a contributor for limited benefits under this Act as then in force, or

(ii)  a contributor accepted or treated as a contributor in the provisional category under this Act as then in force, and

(b) whose medical examination under section 10F (1) (a) or (3) as then in force had commenced before the date of assent to the Superannuation (Amendment) Act 1977,

produces a report from HealthQuest stating that HealthQuest has caused the person to be medically examined and that the person’s health warrants the person’s acceptance as a contributor for full benefits within the meaning of this Act as in force immediately before 13 January 1978 STC may, for the purposes of section 29, treat the person as if the person were a person referred to in section 29 (1).

Part 2 Election of certain persons to contribute to the Fund

(1) Notwithstanding section 10N, a person who was an employee but not a contributor on 12 January 1977 because STC refused to accept the person as a contributor or postponed the person’s acceptance as a contributor, shall not contribute to the Fund.

(2) An employee referred to in subclause (1) may elect to contribute to the Fund.

(3) Subclause (1) ceases to apply to an employee who elects to contribute to the Fund.

(4) An election under subclause (2) is of no effect unless made with the approval of STC given in special circumstances.

(1) A person who:
(a) would be an employee if the person were not subject to the provisions of the New South Wales Retirement Benefits Act 1972, and

(b) is, in the opinion of STC, subject to those provisions because STC refused to accept the person as a contributor or postponed the person’s acceptance as a contributor,
may elect to contribute to the Fund.

(2) An election under subclause (1) is of no effect unless made with the approval of STC given in special circumstances.

(3) Nothing in this clause affects the operation of section 92A (as in force before the commencement of Schedule 2 (30) to the Superannuation (Amendment) Act 1988) in relation to a person who makes an election under subclause (1).

Part 3 Pensions

6 In this Part, breakdown, in relation to a person, means the person’s retirement on the ground of invalidity or physical or mental incapacity to perform the person’s duties.

(1) In this clause, contributor for limited benefits means a contributor accepted or treated as a contributor for limited benefits under this Act as in force immediately before 13 January 1978.

(2) Where, on and from 13 January 1978, pension is payable in respect of the breakdown or death of a contributor for limited benefits, or a former contributor for limited benefits, whose exit day occurred before 13 January 1978, the amount of pension shall be calculated as if section 29 had been in force at his or her exit day but as if section 29 (2) (a) and (b) had not been enacted.

(1) In this clause, contributor in the provisional category means a contributor accepted or treated as a contributor in the provisional category under this Act as in force immediately before 13 January 1978.

(2) Where a lump sum paid to a contributor in the provisional category or the contributor’s widow under section 29A as in force immediately before 13 January 1978 is repaid, pension shall, from the date on which the lump sum is repaid, be payable to or in respect of the contributor as if this Act, as amended by the Superannuation (Amendment) Act 1977, had been in force at the contributor’s exit day but as if section 29 (2) (a) and (b) had not been enacted.

9 (Repealed)