Document ID: chunk:federal_register_of_legislation:C2022C00262:section:6:p2
Version: federal_register_of_legislation:C2022C00262
Segment Type: section
Provision Reference: s 6 (pt 2/5)
Character Range: 19623–22205

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);