Section 636 — Fair Work Act 2009: Application of Judges’ Pensions Act to the President

(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.