Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1976 - SECT 155B

Modification of Act in relation to persons who cease to be eligible employees in certain circumstances

  (1)   This section applies to a person who:

  (a)   was the holder of a position or office, and an eligible employee, immediately before the position or office, as the case may be, ceased to exist as a result of the sale or transfer of an organisation, business, service or asset, or the transfer of a function; and

  (b)   before the date of the sale or transfer received and accepted an offer of employment in connection with the organisation, business, service, asset or function; and

  (c)   took up employment in accordance with that offer on or after the date of the sale or transfer, as the case may be; and

  (d)   ceased to be an eligible employee upon the sale or transfer or upon taking up that employment.

  (1A)   This section applies to a person who:

  (a)   immediately before the sale or transfer of an organisation, business, service or asset, or the transfer of a function, was an eligible employee because he or she was the holder of a particular position or office; and

  (b)   as a result of the sale or transfer of the organisation, business, service or asset, or the transfer of a function, ceases to be an eligible employee even though he or she continues to be the holder of the position or office.

  (2)   The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to or in respect of a person to whom this section applies.

  (3)   The modifications may include, for example, modifications providing for benefits in substitution for benefits provided for by this Act.

  (4)   This section does not apply to a person who ceases to be an eligible employee after 26   June 1997.



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