Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is eligible to become a member of PSSAP if:
(a) subject to subsections (2) and (3), the person is:
(i) a public sector employee; or
(ii) specified in a written declaration made by the Minister under this subparagraph; or
(b) subject to subsection (3), the person is an Australian government superannuation scheme member; or
(c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or
(d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976 ) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.
Note: Subparagraph (1)(a)(ii)--for specification by class, see subsection 13(3) of the Legislation Act 2003 .
(2) A person is not eligible to become a member of PSSAP if:
(a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990 ); or
(b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or
(c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990 ); or
(d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or
(e) the person is an eligible employee for the purposes of the Superannuation Act 1976 ; or
(f) the person is a person to whom the Judges' Pensions Act 1968 applies; or
(g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990 ; or
(h) the person is specified in a written declaration made by the Minister under this paragraph.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
(3) A person is not eligible to become a member of PSSAP before 1 July 2005.
Declarations
(4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.
(5) 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 a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.
(6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.
(7) If:
(a) a declaration is made under subparagraph (1)(a)(ii); and
(b) before the start of the 12 - month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates;
the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.