Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 636

  (1)   The Judges' Pensions Act 1968 does not apply to the President if:

  (a)   immediately before being appointed as the President, he or she was one of the following (a public sector superannuation scheme member ):

  (i)   an eligible employee for the purposes of the Superannuation Act 1976 ;

  (ii)   a member of the superannuation scheme established by deed under the Superannuation Act 1990 ;

  (iii)   an ordinary employer - sponsored member of PSSAP (within the meaning of the Superannuation Act 2005 ); and

  (b)   he or she does not make an election under subsection   (2).

  (2)   The President may elect to cease to be a public sector superannuation scheme member.

  (3)   The election must be made:

  (a)   within 3 months of the President's appointment; and

  (b)   by written notice to the Minister.

  (4)   If the President makes the election:

  (a)   he or she is taken to have ceased to be a public sector superannuation scheme member immediately before being appointed as the President; and

  (b)   the Judges' Pensions Act 1968 applies to him or her, and is taken to have so applied, immediately after he or she was appointed as the President.