Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Judges' Pensions Act 1968 does not apply in relation to the Solicitor - General if:
(a) immediately before being appointed as the Solicitor - General, he or she was:
(i) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(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 Solicitor - General may elect to cease to be:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(c) an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 .
(2A) The election must be made:
(a) within 3 months of the Solicitor - General's appointment; and
(b) by notice in writing to the Minister.
(2B) If the Solicitor - General makes the election:
(a) the Judges' Pensions Act 1968 applies in relation to him or her and is taken to have so applied immediately after he or she was appointed as the Solicitor - General; and
(b) he or she is taken to have ceased to be:
(i) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(iii) an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;
immediately before being appointed as the Solicitor - General.