Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (2) and (4), each of the following persons is, by force of this subsection, a member of the Public Sector Superannuation Scheme:
(a) a permanent employee;
(c) the holder of a statutory office who has made an election under section 7;
(d) a temporary employee whose election under section 8 has effect;
(e) the holder of a statutory office, or a temporary employee, who:
(i) immediately before being appointed to that office or being employed in his or her present employment was a PSS invalidity pensioner; and
(ia) immediately before he or she became a PSS invalidity pensioner was the holder of that office or engaged in that employment; and
(ii) has been declared, in writing, by CSC to be sufficiently restored to health to perform the duties of that office or to engage in that employment;
(f) the holder of a statutory office, or a temporary employee, who:
(i) immediately before being appointed to that office or being employed in his or her present employment was a person to whom a preserved benefit was applicable under the Rules; and
(ii) immediately before the preserved benefit became so applicable was the holder of that office or employed in the same employment;
(h) a person to whom Division 2 or 3 of the Public Service Act 1922 applied immediately before the time (the repeal time ) when that Act was repealed and who:
(i) during the transitional period (within the meaning of Part 3 of the Public Employment (Consequential and Transitional) Amendment Act 1999 , as in force immediately before its repeal) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922 , as in force immediately before the repeal time); or
(ii) after the end of that transitional period, continues in the same eligible public employment (within the meaning of Part IV of the Public Service Act 1922 , as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;
(j) a person declared, in writing, by the Minister to be a person to whom this section applies.
(2) In spite of subsection (1), a person is not a member of the Public Sector Superannuation Scheme by force of that subsection if the person:
(a) is an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) is a person to whom the Judges' Pensions Act 1968 applies; or
(ba) is a person:
(i) to whom invalidity pension, or a deferred benefit by way of invalidity pension, is, or but for a suspension of payment would have been, payable to him or her under the Superannuation Act 1976 ; or
(ii) to whom a pension of a kind mentioned in section 64A or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section, or a deferred benefit by way of a pension payable for the reason mentioned in subsection 119ZA(1) of that Act, is, or but for a suspension of payment would have been, payable to him or her; or
(iii) to whom deferred benefits are applicable under the Superannuation Act 1976 ; or
(iv) to whom deferred benefits are applicable under the Superannuation Act 1922 and who has not become an eligible employee for the purposes of the Superannuation Act 1976 ; or
(v) who is a re - employed former contributor with preserved rights for the purposes of the Superannuation Act 1976 and who has not become an eligible employee for the purposes of that Act;
other than such a person who is a casual employee within the meaning of the Rules or who became a member of the Public Sector Superannuation Scheme before the commencement of section 68 of the Superannuation Legislation Amendment Act 1991 and has continued to be such a member; or
(c) is declared, in writing, by the Minister to be a person to whom this section does not apply.
(3) Paragraph (2)(a) does not exclude a person from membership of the Public Sector Superannuation Scheme in relation to particular employment if the person is an eligible employee for the purposes of the Superannuation Act 1976 in relation to other employment.
Closure of Public Sector Superannuation Scheme
(4) Despite subsection (1), a person does not become a member of the Public Sector Superannuation Scheme by force of that subsection at a particular time (the relevant time ) on or after 1 July 2005 unless:
(a) at the relevant time, the person is already a member of the Public Sector Superannuation Scheme; or
(b) at the relevant time, the person is a former member of the Public Sector Superannuation Scheme (other than as a result of an election under section 6B) in respect of whom a preserved benefit under that scheme has not yet been paid; or
(c) at the relevant time, the person is a PSS invalidity pensioner; or
(d) the following conditions are satisfied:
(i) at the end of 30 June 2005, the person was the holder of a statutory office (other than the holder of such an office to whom paragraph (1)(e) or (f) applies);
(ii) the person has made an election under section 7 in relation to that office;
(iii) the election was made during a term of appointment that included 30 June 2005;
(iv) at the relevant time, the person is the holder of that office; or
(e) the following conditions are satisfied:
(i) at the end of 30 June 2005, the person was a temporary employee in relation to particular employment (other than a temporary employee to whom paragraph (1)(e) or (f) applies);
(ii) the person has made an election under section 8 in relation to that employment;
(iii) the election has taken effect at or before the relevant time;
(iv) if the person's employment is for a fixed term--the election was made during a term of employment that included 30 June 2005, and the relevant time occurs in that term;
(v) if the person's employment is not for a fixed term--the election was made during a period of employment that included 30 June 2005, and the relevant time occurs in that period of employment; or
(f) the following conditions are satisfied:
(i) on a particular date before 1 July 2005, the person was a temporary employee (other than a temporary employee to whom paragraph (1)(e) or (f) applies);
(ii) on that date, the person made an election under section 8 in relation to that employment;
(iii) the election has taken effect at or before the relevant time;
(iv) if the person's employment is for a fixed term--the relevant time occurs in that term;
(v) if the person's employment is not for a fixed term--the relevant time occurs in that period of employment; or
(g) on or after 1 July 2005, the person makes a declaration and election under section 244 of the Superannuation Act 1976 .
Note: Paragraph (a) would cover, for example, a person who is already a member of the Public Sector Superannuation Scheme in respect of a different instance of employment or another office.
Special category of Public Sector Superannuation Scheme membership
(5) Subject to subsection (6), a person is, by force of this subsection, a member of the Public Sector Superannuation Scheme at a particular time (the relevant time ) on or after 1 July 2006 if:
(a) the person is not a member of that scheme by force of subsection (1); and
(b) at the relevant time:
(i) the person is an APS employee; or
(ii) the person is specified in a written determination made by the Minister under this subparagraph; and
(c) the person became an APS employee or a person covered by the determination, as the case may be, on or after 1 July 2006; and
(d) immediately before the person became an APS employee or a person covered by the determination, as the case may be:
(i) the person was a former member of the Public Sector Superannuation Scheme (other than as a result of an election under section 6B) in respect of whom a preserved benefit under that scheme has not yet been paid; or
(ii) the person was a PSS invalidity pensioner; or
(iii) the person was covered by paragraph (2)(ba); and
(e) at the relevant time, there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992 ); and
(f) assuming that:
(i) the person were to become a member of the Public Sector Superannuation Scheme; and
(ii) the person's employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) were to make a contribution to the Public Sector Superannuation Scheme at the relevant time for the benefit of the person;
the employer would rely on a provision mentioned in subsection (5A) to satisfy the choice of fund requirements in relation to the contribution.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
(5A) For the purposes of paragraph (5)(f), the provisions are:
(a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992 ; or
(b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.
(6) Despite subsection (5), a person is not a member of the Public Sector Superannuation Scheme by force of that subsection if the person is:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a person to whom the Judges' Pensions Act 1968 applies; or
(c) covered by a declaration under paragraph (2)(c); or
(d) specified in a written determination made by the Minister under this paragraph.
(7) A determination under subparagraph (5)(b)(ii) or paragraph (6)(d) is a legislative instrument.
(8) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to an instrument under subparagraph (5)(b)(ii) or paragraph (6)(d) of this section.